IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 LA.App..No. 623 of 2005(A) ------------------------------- LAR.15/1994 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT(S)/CLAIMANTS A, B & C: ----------------------------------------- 1. JAYALAKSHMI, D/O.ANNAMMAL. 2. KALPAVALLY, D/O.ANNAMMAL. 3. SANKARAMMAL, D/O.ANNAMMAL. ALL ARE RESIDING AT CHINTHAMANI GRIHAM, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. 2. THE SECRETARY, IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA. ADV. SRI.SUNIL JACOB JOSE FOR R2 SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN SRI.K.K.CHANDRAN PILLAI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.623 of 2005 ------------------------------------------------ Dated this the 16th day of August, 2010 JUDGMENT Pius C. Kuriakose, J Having regard to the submissions addressed by Sri.Jibu P. Thomas, the learned counsel for the appellants, Sri.K.K.Chandran Pillai, the learned Standing Counsel for the Requisitioning Authority and Smt.Latha T. Thankappan, the learned senior Government Pleader and taking into account the judgment of this Court in L.A.A. No.1501/2000, the appeal will stand allowed to the following extent. The market value of the land under acquisition is re-fixed at Rs.10,000/- per cent. However, as the appellant has limited his claim to L. A. A. No.623 of 2005 -2- a total amount of Rs.63,000/-, we allow the appeal in full, which means that the appellant will be entitled for enhanced land value of Rs.63,000/-. The appellants will be entitled for all statutory benefits also. Parties are however directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- THE JUDGMENT DATED 16/08/2010 IN L.A.A. 623/2005 IS CLARIFIED BY ADDING THAT “THE APPELLANTS ARE ENTITLED TO THE BALANCE SUM OF ` 17,117/- WITH SOLATIUM AND INTEREST THEREON ON THE BASIS OF THE RATE FIXED IN THE JUDGMENT” VIDE ORDER DATED 15/11/2010 IN I.A.3593/2010. REGISTRAR (JUDICIAL)