IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 LA.App..No. 1441 of 2008() -------------------------- LAR.229/2005 of PRL.SUB COURT, THALASSERY .................... APPELLANT:2ND RESPONDENT: ---------------------------------- THE GENERAL MANAGER, K.S.I.D.C., TRIVANDRUM BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS:CLAIMANTS 1 TO 7 & 1ST RESPONDENT: ------------------------------------------------------------- 1. ANTHOLI NALINI ,W/O. NANU KOTTAYI HOUSE, P.O.MOORIYAD 2. ANTHOLI VILASINI KOTTAYI HOUSE, P.O.MOORIYAD 3. ANTHOLI SURESH BABU KOTTAYI HOUSE, P.O.MOORIYAD 4. ANTHOLI CHANDRALEKHA KOTTAYI HOUSE, P.O.MOORIYAD 5. ANTHOLI SUNILKUMAR KOTTAYI HOUSE, P.O.MOORIYAD 6. ANTHOLI BINDU KOTTAYI HOUSE, P.O.MOORIYAD 7. ANTHOLI SUJITH KUMAR KOTTAYI HOUSE, P.O.MOORIYAD 8. GOVT. OF KERALA REP. BY DISTRICT COLLECTOR, KANNUR. R8 BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.3255 OF 2008 IN LAA NO.1441 OF 2008 DISMISSED. 31.10.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1441 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 31st October, 2008 JUDGMENT It is seen that respondents 1 to 6 have been served with notice and none of them have entered appearance before this court. It is also seen that pursuant to this court's order dated 18.9.2008, a copy of the appeal memo was served on the Advocate who was appearing for the claimants before the court below. Still there is no appearance for any of the respondents. Registry has noted defects on the reason that the 7th respondent is not directly served. The acknowledgement card which was attached to the notice sent to the 7th respondent has been received back but without signature of the 7th respondent. The 7th respondent is direct brother of respondents 2 to 6 and the son of the 1st respondent. For all these reasons, I hold that the interest of the 7th respondent in this case is represented sufficiently before this court. 2. This appeal pertains to acquisition of land in Kuthuparamba Village for the purpose of widening of the road to the Industrial Growth Centre, Valiyavelicham pursuant to a notification under Section 4(1) dated 30.1.2001. The Land Acquisition Officer awarded land value at the rate of Rs.3899/- per cent relying on Ext.B2 basis LAA No.1441/08 - 2 - document. The reference court on an evaluation of the entire evidence which came on record refixed the land value at Rs.10,000/- per cent. I had occasion to consider similar cases involving enhancement by the reference court at the same rate. Under my common judgment in LAA Nos.1452/08, 1453/08 and 1455/08, I have refixed the land value at Rs.9000/- per cent. Adopting the reasons stated in that common judgment, the land value of the acquired properties in this case also will stand refixed at Rs.9000/- per cent. The appeal will stand allowed to that extent. It is made clear that the respondents-claimants will be entitled for all statutory benefits due under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. The parties will suffer their costs through out. srd PIUS C.KURIAKOSE, JUDGE