IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 LA.App..No. 2163 of 2008 LAR.196/1998 of II ADDL.SUB COURT,THIRUVANANTHAPURAM. APPELLANT: RESPONDENT STATE OF KERALA BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENTS: CLAIMANTS 1. K.HAJIRA BEEVI, TC.41/1564,PLOT NO.45, SREE NAGAR, MANACAUD, THIRUVANANTHAPURAM. 2. A.ABDUL AZEES, S/O.AHEMMED KHAN, TC.41/1564,PLOT NO.45,SREENAGAR, MANACAUD, THIRUVANANTHAURAM. 3. A.ABDUL MAJEED, S/O.AHAMMED KHAN, TC.41/1564,PLOT NO.45,SREENAGAR, MANACAUD, THIRUVANANTHAPURAM 4. AYISHA BEEVI, D/O. HAJIRA BEEVI, TC.41/1564,PLOT NO.45 SREE NAGAR, MANACAUD,THIRUVANANTHAPURAM. 5. SHAMILA BEEGOM, D/O.HAJIRA BEEVI, TC.41/1564,PLOT NO.45,SREENAGAR MANACAUD, THIRUVANANTHAPURAM. 6. AYOOBKHAN, S/O.AHAMMEDKHAN, TC.NO.41/1564,PLOT NO.45, SREE NAGAR, MANACAUD,THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A. NO. 2163 OF 2008 A and C.M.APPL. NO.2222 OF 2008 ------------------------------------------------------------- Dated this the 27th November, 2008 JUDGMENT Kurian Joseph, J. C.M.Appl.No.2222 of 2008 is an application to condone the delay of 740 days in filing the appeal. On going through the affidavit, we do not find any satisfactory explanation for condoning the long delay. On merits, it is seen that the acquisition is for the purpose of construction of Kazhakuttom-Kovalam bypass. Section 4(1) notification is dated 11.3.1994. The extent involved is 1.65 Ares. The Land Acquisition Officer awarded the total land value of Rs.32,555/-, which was enhanced by the Reference Court by Rs.16,955/-. It is also seen that there are no appeals against the two other cases covered by the common judgment, L.A.R.Nos.240 of 1998 and 245 of 1998. Therefore, the application for condoning the delay in filing the appeal, C.M.Appl.No.2222 of 2008, and the appeal are dismissed. L.A.A. NO.2163 OF 2008 :: 2 :: The interlocutory application for stay, I.A.No.4884 of 2008, is also dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/