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 9TH FEBRUARY 2009 / 20TH MAGHA 1930 LA.App..No. 1243 of 2008() -------------------------- LAR.393/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT AND 2ND RESPONDENT ------------------------------------------ 1. SRI.RAMAN MENON, S/O.PARUKUTTY AMMA, VELLATHI, EROOR SOUTH P.O. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION SOUTHERN RAILWAYS, ERNAKULAM. BY SRI.M.RAVIKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.1243 OF 2008 ------------------------ Dated this the 9th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. Sri.M.Ravikumar, learned counsel takes notice for the respondent. 2. Despite the strenuous submissions of the learned Government Pleader Sri.P.K.Babu, we are not persuaded to admit this appeal since we feel that it is more or less the correct market value of the properties at the relevant time, which has been determined by the learned subordinate judge under the impugned judgment. The acquisition relates to doubling of the railway Tracks between Ernakulam – Mulanthuruthy. Notification under Section 4(1) was published on 17/12/2004 and the awarding officer awarded the land value at the rate of Rs.28,348/- per Are. This was enhanced by the reference court relying on the judgment of the same court in L.A.R.208/2006. L.A.R. No.208/2006 was in respect of acquisition for the same purpose and pursuant to the very same section 4 (1) notification. L.A.A..No.1243/2008 2 It is reported by the Registry that the judgment in L.A.R 208/2006 has attained finality in the sense that the Government has not preferred any appeal against the same. The appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk