IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 1272 of 2008() & C.O. No. 89/08 -------------------------- LAR.44/2001 of SUB COURT, CHERTHALA .................... APPELLANT/1ST RESPONDENT: -------------- STATEOF KERALA, REP. BY THE SPECIAL TAHSILDAR(LA), INDUSTRIAL GROWTH CENTRE CHERTHALA. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANT & RESPONDENT NO. 2: --------------- 1. OUSEPH VARKEY, VATHAPPALLIL NINNUM MENOM KATTIL, PALLIPPURAM. 2. THE MANAGING DIRECTOR, K.S.I.D.C. THIRUVANANTHAPURAM ADV. SRI.GEORGE SEBASTIAN FOR R1 SRI.JOBY CYRIAC, SC, KSIDC FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, ALONG WITH LAA NO. C.O. NO.89/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 1272 of 2008 & C.O. No. 89 of 2008 ----------------------------------------------- Dated this the 22nd day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. There is more than one good reason to dismiss this appeal preferred by the Government. The total stakes involved in this appeal is only Rs.2122/-. The rate of enhancement granted under the impugned judgment has been approved by this Court in other cases. LAA. No. 1272 of 2008 will therefore stand dismissed without any order as to costs. 2. The request in the memorandum of cross objections is that following the judgment of this Court in LAA. No. 651 of 2005 the land value to be fixed was Rs.2471/- per Are. Having regard to the finality attained by the judgment under LAA. No. 651 of 2005, we are of the view that there is every justification for upholding the cross objections. Accordingly, cross objection stands allowed and land value is re-fixed at LAA. N0.1272 of 2008 -2- Rs.2471/- per Are. It is needless to mention that the cross objector will be entitled for all statutory benefits arising out of this judgment. Appeal dismissed. Cross objections allowed, but in the circumstances without any order as to costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-