IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 LA.App..No. 171 of 2008() ------------------------- LAR.32/2004 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): RESPONDENTS IN LAR -------------------------------- 1. STATE OF KERALA - REP. BY RDO, ALAPPUZHA 2. DIRECTOR, TOURISM DEPARTMENT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS IN LAR ------------------------------- 1. JOSEPH, S/O.ABRAHAM, VADAKKEKALATHIL, ALAPPUZHAMURI, ALAPPUZHA VILLAGE (DIED) 2. V.J.ABRAHAM, VADAKKEKULAM HOUSE, VELI - COCHIN-1 3. V.J.MATHEW, VADAKKEKULAM HOUSE, VELI-COCHIN-1 4. V.J.JOHN, REPRESENTED BY HIM POWER OF ATTORNEY HOLDER, V.J.MATHEW, VADAKKEKULAM HOUSE, VELI - COCHIN 1. 5. MRS.JESSY POLACHM, KIZHAKKODAN HOUSE, POOVANTHUNKAL PARIYARAM, CHALAKUDY, THRISSUR. 6. MRS.LUCY GEORGE, VISHARIL ESTATE, KAPPAD P.O., KAKKATTY, KANJIRAPPALLY, KOTTAYAM. ADV. SRIR.AZAD BABU FOR R2,3,5,6 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & BARKATH ALI, JJ. ----------------------------------------------- LAA. No. 171 OF 2008 ----------------------------------------------- Dated this the 1st day of June, 2009 J U D G M E N T Pius C.Kuriakose, J. By our order dated 28-5-2009 we directed the registry to verify and report whether any appeal is preferred against Ext.A1. The registry reports that against Ext.A1 LAA. No. 374/04 is preferred. Sri.Azad Babu, learned counsel for the respondent would draw our attention to the judgment of this court in LAA. No. 1425 of 2007. That LAA was an appeal preferred by the claimant. The acquired properties in that case adjoined to the acquired properties in this case and the LA Officer had treated those properties to be of the same value as this property. Importantly the acquisition in that case was pursuant to a notification exactly one year earlier. Under that judgment we would refix the land value at LAA. N0. 171/08 -2- Rs.1,20,000/- per are allowing the appeal. Having gone through the judgment in LAA. No. 1425 of 2007 and the comparability of the properties in that case and in the present case, we do not find any reason for admitting this appeal. Appeal will stand dismissed. (PIUS C.KURIAKOSE, JUDGE) (P.Q. BARKATH ALI, JUDGE) KSV/-