IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 1056 of 2008(D) --------------------------- LAR.115/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S)/RESPONDENT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANTS: ---------------------------------- 1. VIJAYAMMA, W/O LATE NARAYANA PILLAI, SOORYAVEETTIL (VAZHAPPILLIL), HOUSE, THODUPUZHA, 2. JAYA LATE NARAYANA PILLAI, SOORYAVEETTIL (VAZHAPPILLIL) HOUSE, THODUPUZHA. 3. MAYADEVI, D/O LATE NARAYANA PILLAI, SOORYAVEETTIL (VAZHAPPILLIL), HOUSE THODUPUZHA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1056 of 2008 ------------------------------------------------ Dated this the 22nd day of September, 2009 JUDGMENT Pius C. Kuriakose, J The appeal is coming up in the defect list. But we notice that we will be able to decide the appeal on merits. The acquisition of land was in Thodupuzha village within the area of Thodupuzha municipality for the purpose of Kanjiramuttom- Mangattukavala bye- pass. The relevant Section 4(1) notification was published on 29/11/1999. The Land Acquisition Officer awarded land value at the rate of Rs.5,000/- per cent which was re-fixed under the impugned judgment to Rs.56,700/- per cent. We notice the judgment of this Court in State of Kerala v. Jose Simon [2009(1) KLT L. A. A. No.1056 of 2008 -2- 760]. For the reasons stated in that judgment and in other judgments which we have decided following that judgment, there is justification for approving the enhancement granted under the impugned judgment. This appeal, accordingly, will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-