IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 LA.App..No. 382 of 2010() ------------------------- LAR.309/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT 1 IN LAR --------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT & R2 IN LAR ----------------------------------- 1. ASHOK KUMAR, T.C.32/2327, GIRIJA COTTAGE, CHACKAI, PETTAH, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.D.AJITHKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No. 382 of 2010 ---------------------------------- Dated this the 10th day of August, 2010 JUDGMENT ---------------- Pius C.Kuriakose,J. Having heard the submissions of the learned Government Pleader Smt.R.Bindu and those of Sri.L.Mohanan, learned counsel for the claimant/respondent, we find merit in the submission of the learned Government Pleader that the issue raised in this appeal is covered in favour of the Government by the judgment in LAA.No.867/2008. Hence following the decision taken in LAA.No.867/2008 we allow the appeal and re-fix the market value of the land under acquisition at Rs.14,00,000/- (Rupees Fourteen lakhs only) per Are after setting aside the impugned judgment and decree. Needless to mention that the appellants/claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. Appeal is allowed but without any order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb