IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 LA.App..No. 1029 of 2007 LAR.NO.80/1997 OF ADDITIONAL SUB COURT,KOLLAM APPELLANT: RESPONDENT IN LAR ------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENTS: CLAIMANTS IN LAR ------------------------------- 1. PADMANABHA PILLAI, KARUNAKARAN PILLAI, NELLIYAZHIKATHU VEEDU, PERUMON P.O., PANAYAM VILLAGE. 2. VIMALA AMMA, W/O.KARUNAKARAN PILLAI, NELLIYAZHIKATHU VEEDU, PERUMON P.O., PANAYAM VILLAGE. BY ADVOCATES M/S. V.V.RAJA M.T.SURESHKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.No.1029 of 2007 & C.M.Appln.No.1192 of 2007 ----------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.1192 of 2007 : This is an application for condoning the delay of 639 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.80/1997 on the file of the Sub Court, Kollam. The acquisition is for the purpose of doubling of railway track between Kollam and Kayamkulam. Learned counsel appearing for the claimants submits that the entire money was deposited by the appellant before the reference court and the claimants have received the same on 25-7-2007. Be that as it may, we do not find any justifiable reason for condoning the long delay of 639 days. No particulars have been given regarding the delay. That apart, on merits it is seen that the respondents did not have any evidence. On the available evidence adduced by the claimants, particularly Ext.A2, which was similar and similarly situated and taking note of the progressive increase in the land value, the L.A.A.No.1029 of 2007 -:2:- value was fixed at Rs.25,700/- per Are. The fixation thus being made based on unchallenged evidence, there is no merit in the appeal. Therefore, the application and the appeal are dismissed. I.A.No.2593/2007 is also dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.No.1029 of 2007 & C.M.Appln.No.1192 of 2007 ---------------------------- JUDGMENT 7th October, 2008