IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 LA.App..No. 580 of 2010(D) -------------------------- LAR.329/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 LAR --------------------------------- STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. R.BINDU RESPONDENT(S): CLAIMANTS & RESPONDENTS -------------------------------------- 1. M.MOHANAN, T.C.NO.31/879,PARIMALAM, CHACKAI, PETTATH P.O., THIRUVANANTHAPURAM. 2. PARIMALAM MOHANAN, W/O.MOHANAN, T.C. NO.31/879,PARIMALAM, CHACKAI, PETTAH P.O., THIRUVANANTHAPURAM. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.M.RAJAGOPALAN NAIR FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 580 of 2010 ----------------------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. Service is completed. There is no appearance for the claimants. We find much force in the submission of Smt.R. Bindu, learned Govt. Pleader that the issue raised in this appeal is covered in favour of the Government by judgment of this Court in LAA. No. 867/08. We notice that the above judgment was in respect of an identical property acquired for the same purpose in the same village. Following the decision taken by this Court in LAA. No. 867 of 2008 we re- fix the market value of land under acquisition at Rs.14 lakhs per Are. Appeal is allowed. However, the claimants will be entitled for all statutory benefits on the re-fixed compensation. It is clarified that the statutory interest under Section 28 will become admissible to the claimants only from the date of dispossession, i.e., 23-6-2005. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-