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 4TH JANUARY 2010 / 14TH POUSHA 1931 LA.App..No. 1489 of 2009() -------------------------- LAR.109/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT NO.3 & LRS OF CLAIMANT: --------------------------- P.R.BALAKRISHNAN (DIED) LRS:- 1. SMT. GIRIJA BALAKRISHNAN, W/O. LATE P.R.BALAKRISHNAN, AGED 64 YEARS, NO OCCUPATION, RESIDING AT 'PRASANTHI' P.O.ERANHIPALAM, KOZHIKODE. 2. B.RAJESH KUMAR, S/O. LATE P.R.BALAKRISHNAN, AGED 47 YEARS,BUSINESSMAN, RESIDING AT 'PRASANTHI', P.O.ERANHIPALAM, KOZHIKODE. 3. RAJEEV BALAKRISHNAN, S/O. LATE P.R.BALAKRISHNAN, AGED 43 YEARS, ENGINEER, RESIDING AT 'PRSANTHI' P.O.ERANHIPALM, KOZHIKODE. 4. P.R.RAGHAVAN,S/O. KRISHNAN NAIR, AGED 71 YEARS, PENSIONER,RESIDING AT KRISHNAPRIYA P.O.MOOZHIKKARA, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION, THALASSERY, KANNUR DISTRICT. SENIOR GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2010, ALONG WITH LAA.NO.1258 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1489 of 2009 And L.A.A.No.1258 of 2009 ---------------------------------- Dated this the 4th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. Heard Sri.R.Surendran, learned counsel for the appellants and Senior Government Pleader Smt. Latha T. Thankappan. These appeals are preferred by claimants whose lands were acquired for the same purpose in the same village pursuant to the very same notification. Smt. Latha T.Thankappan, learned Senior Government Pleader took notice on behalf of the Government. Our attention is drawn by Smt.Latha T.Thankappan to the judgment of this court in L.A.A.1477/2009. We notice that the cause covered by that judgment was an identical one pertaining to the acquisition for the same purpose and she would concede that the judgment in L.A.A.1477/09 has attained finality. Under the above circumstances we are of the view that there L.A.A.1489/09 & 1258/09 2 is every justification for following the decision taken by this court in L.A.A.1477/09 and granting enhancement to the appellants on the basis of that judgment. Accordingly allowing the appeal we re- fix the value of the land under acquisition on these appeals at Rs.10,000/- per cent. We clarify that the appellants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. It is also made clear that the decree copy will be issued to the appellants only if entire court fee is paid. The appeal is allowed, but without ordering costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb