IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No. 392 of 2006() ------------------------- LAR.178/2003 of SUB COURT, QUILANDY .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE MANAGING DIRECTOR, KSIDC REP. BY ASST.GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT: ------------------------------------------- 1. PUTHUKKUDY MARIYAM, W/O AMMAD, KINALUR, KOYILANDY. 2. THE DISTRICT COLLECTOR, KOZHIKODE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 392 OF 2006 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Koyilandy in LAR 178/03. LAR 178/03 relates to the acquisition of 0.0016 hectares of land comprised in Sy.No.6/12 of Kinalur village. The Land Acquisition Court after considering the materials has refixed the land value at Rs.8,000/- per cent. It is against that decision the 2nd respondent namely, K.S.I.D.C. has come up in appeal. Though the claimant is served he has not entered appearance before Court. 2. Heard the learned counsel for the appellant. The learned counsel had brought to my notice a decision of the Division Bench in LAA 388/06 which was preferred against the judgment in LAR 218/03 of the Sub Court, Koyilandy. A perusal of the award also would reveal that all these cases had been disposed of by a common judgment by the Court. In the L.A.A. 392 OF 2006 -2- appeal referred to above the Division Bench held that in LAA 1452 of 2005 wherein there was a cross-objection as well, the Court considered the matter elaborately and has refixed the market value of the property at Rs.7,500/- per cent. Following the same, the Division Bench modified the judgment and refixed the land value at Rs.7,500/- per cent. Therefore the appeal is allowed in part and the land value is fixed at Rs.7,500/- per cent and the other benefits conferred on the claimant by the Land Acquisition Court is retained. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-