IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 LA.App..No. 2166 of 2008() -------------------------- LAR.257/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANATHAPURAM. BY GOVERNMENT PLEADER SMT.ROSE MICHAEL RESPONDENT(S): CLAIMANTS: ------------------------- 1. SHAMSIA KAMARUDEEN, GIDDAN HOUSE, T.C.24/2011, THYCAUD, THIRUVANANTHAPURAM. 2. SAJITHA KAMARUDEEN, D/O.SHAMSIA KAMARUDEEN, GIDDAN HOUSE, T.C.24/2011, THYCAUD, THIRUVANANTHAPURAM. 3. SAMEER KAMARUDEEN, S/O.SHAMSIA KAMARUDEEN, GIDDAN HOUSE, T.C.24/2011, THYCAUD, THIRUVANANTHAPURAM. 4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.LAL GEORGE FOR R1-3 SMT.M.J.INDUJA FOR R1-3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A.No.2166 of 2008 ------------------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. This appeal preferred by the Government pertains to acquisition of land for the purpose of formation of Vellayambalam-Thycaud road for Trida pursuant to Section 4(1) notification published on 27.6.2003. Land Acquisition Officer awarded land value at the rate of Rs.2,71,700/- per Are. The reference court under the impugned judgment refixed the market value of land under acquisition at Rs.7,12,500/- per Are. Sri.Lal George, learned counsel for the respondents/claimants has requested that the appeal be allowed by way of remand. Our attention was drawn to our own judgment in LAA.1363/2008 under which the LAR case was remanded to the reference court. We are not inclined to follow the decision that we have taken in LAA.1363/2008. In that appeal preferred by the Government the challenge was against refixation of value of identical land at Rs.24,23,828/- per Are. According to us the rate fixed under the LAA.2166/08 -2- impugned judgment is only Rs.7,05,000/-, which is not excessive. Though we approve the same and dismiss the appeal, this shall not cause any prejudice to other matters pending before the reference court pertaining to acquisition for the same purpose in the same village. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb