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 25TH MAY 2010 / 4TH JYAISHTA 1932 LA.App..No. 366 of 2002() ------------------------- LAR.32/1997 of SUB COURT, CHERTHALA .................... APPELLANT(S): APPELLANT/RESPONDENT: ----------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): RESPONDENTS/CLAIMANTS: ------------------------------------- 1. RAJAPPAN, VELIYIL, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE. 2. SOMAVALLY, VELIYIL, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE. ADV. SRI.H.B.SHENOY FOR R SRI.B.ASHOK SHENOY FOR R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 366 OF 2002 ------------------------ Dated this the 25th day of May, 2010 JUDGMENT Pius C.Kuriakose, J. Even though various grounds have been raised assailing the judgment of the Reference Court, having scanned the impugned judgment, we are of the view that it is more or less the correct market value of the property that has been arrived at by the learned Sub Judge. In fact, this case was referred to Lok Adalat hoping that it will be possible to settle the issue between the parties upon the Government paying the amount as decreed by the court below as on the date of filing of the appeal within a short period. The settlement did not materialise since the claimants were absent. Under the above circumstances, we dismiss the appeal confirming the award of the court below. However, we direct the Execution Court to explore the possibility of a settlement, before coercive process is issued in execution by directing the Government to deposit the amount due as on 5/2/2002 within a LAA .No.366/2002 2 short time and reciprocally directing the claimants to receive that amount in full and final settlement. The appeal stands dismissed with directions. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk LAA .No.366/2002 3 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 366 OF 2002 ------------------------ JUDGMENT 25th May, 2010