IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 LA.App.No.1081 of 2008 ---------------------------- L.A.R.No.168/2003 OF I ADDL. SUB COURT, THIRUVANANTHAPURAM. .......... APPELLANT/ RESPONDENT: ------------------------------ STATE OF KERALA (THE SPECIAL TAHSILDAR, L.A., INTERNATIONAL AIRPORT, TVPM REP. BY THE DISTRICT COLLECTOR, TVPM.) BY MR. P.K. BABU, SR. GOVERNMENT PLEADER. RESPONDENTS/CLAIMANTS & 2ND RESPONDENT: -------------------------------------------------------- 1. C.SAROJINI AMMA, D/O CHELLAMMA, TC 31/1548 OLD (TC 30/470) SANKARA VILASAM VEEDU, PETTAH, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. BY MR.GOPAKUMAR R.THALIYAL FOR R1. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1081 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. We do not find any reason to interfere with the judgment and decree which are impugned in this appeal. The case pertains to acquisition of land in Petta village for the Thiruvananthapuram International Airport. The relevant Section 4(1) notification was published on 04/02/1999. The land acquisition officer awarded land value at the rate of Rs. 1,31,616/- per Are. The evidence before the reference court consisted of Exts. A1 to A8 and AW1 on the side of the claimants. On the side of the government, there was no counter oral evidence and the evidence consisted only of Exts.R1 to R7 which were various documents kept in the land acquisition file. The learned Subordinate Judge placed some reliance on Ext.A1 and the unrebuted testimony of AW1 and concluded that the claimant is entitled for refixation of acquired land at Rs. 2,25,000/- per Are. Having gone through the impugned judgment, we feel that it is LAA.No.1081/08 2 more or less the correct market value of the land at the relevant time which has been arrived at by the learned Subordinate Judge. More over, it is brought to our notice that the same sub court in L.A.R.No.62/06, another case pertaining to the very same acquisition and where the land acquisition officer granted the same value as in the present case to the claimant, refixed the land value at Rs. 1,00,000/- per cent. It is brought to our notice that the judgment in L.A.R.No.62/06 has become final in the sense that no appeal has been preferred against the same. For both these reasons, the appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.1081/08 2