IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 LA.App..No. 360 of 2007() ------------------------- LAR.46/2003 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT: APPELLANT/RESPONDENT IN LAR -------------------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR,KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENTS: RESPONDENTS/CLAIMANTS RESPONDENTS INLAR ---------------------------------------------------- FRANCHU KURUVILA,KOZHIMYALIL,KATTAMPAKKU KARA,NJEEZHOOR VILLAGE,VAIKOM TALUK. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. No. 1172/07 IN LAA. NO. 360 OF 2007 DISMISSED. 10-7-08 SD/-PIUS C. KURIAKOSE, JUDGE. //TRUE COPY// PS TO JUDGE. PIUS C. KURIAKOSE, J. ----------------------------------------------- LAA. No. 360 OF 2007 ----------------------------------------------- Dated this the 10th day of July, 2008 J U D G M E N T This appeal is remaining defective on the reason that steps have not been taken for impleading the legal representatives of the respondent. This court granted one more months time on a peremptory basis on 26-10-2007 to the Government. No steps are seen taken so far by the Government. Even though Mr.Basant Balaji, learned Government Pleader sought for further time, I am not inclined to grant time since I find that the appeal cannot be considered as a meritorious one. 2. The case pertains to acquisition of 3.74 ares of land in Njeezhoor Village pursuant to section 4(1) notification dated 23-9- 2000 for the formation of Vilayamkodu Distributory. The land acquisition officer awarded land value at the rate of Rs.10113/- per are which was enhanced by the reference court by Rs.6068/- per are. Reference Court relied on Ext.A1 common judgment in LAR. No.41/03 & 51/03 of the same court. It is seen that Ext.A1 has attained finality in the sense that the Government has not preferred any appeal against that judgment. It was fairly conceded by the learned Government Pleader that in several other cases where the reference court has WP(C)N0. -2- granted 6% enhancement over the rates which had been granted by the acquisition officer and the Division Bench confirmed such enhancement. For both these reasons I am not inclined to admit this appeal. Appeal is rejected. (PIUS C.KURIAKOSE, JUDGE) ksv/