IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 LA.App..No. 127 of 2007() ------------------------- LAR.99/2002 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT/RESPONDENT IN LAR. -------------- STATE OF KERALA. BY GOVERNMENT PLEADER MR.BENNY VARGHESE RESPONDENT(S): CLAIMANTS: ------------------------- 1. BALACHANDRAN, S/O.PANKAJAKSHY AMMA, MUNDAIYATH PUTHEN VEETTIL, VADAKKUMPURAM, CHENDAMANGALAM. 2. GEETHU, D/O.PANKAJAKSHY AMMA, MUNDIYATH PUTHEN VEETTIL, VADAKKUMPURAM, CHENDAMANGALAM. 3. SOBHA, D/O.PANKAJAKSHY AMMA, MUNDIYATH PUTHEN VEETTIL, VADAKKUMPURAM, CHENDAMANGALAM. 4. SANKUNNI MENON, S/O.PANKAJAKSHY AMMA, MUNDIYATH PUTHEN VEETTIL, VADAKKUMPURAM, CHENDAMANGALAM. 5. GOPAKUMAR, S/O.PANKAJAKSHY AMMA, MUNDIYATH PUTHEN VEETTIL, VADAKKUMPURAM, CHENDAMANGALAM. ADV. MR. GEORGE SEBASTIAN FOR R1TO4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.127/07 ORDER ON I.A.442/07 IN LAA.127/07 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 7.4.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- L.A.A.No.127 OF 2007 -------------------------------------------------- Dated this the 7th day of April, 2009 J U D G M E N T The State is chellenging the enhanced compensation granted by Sub Court, North Parur in L.A.R.99 of 2002 for 2.65 Ares in Sy. No.424/1-6 and 424/1-7 of Chendamangalam village acquired for construction of Karippayikadavu - Pazhampillythuruth Bridge and approach road, as per section 4(1) notification dated 29.6.1999. Land value at the rate of Rs.18,408 per Are was awarded. The claimants claimed an enhanced land value of Rs.35,000/- per cent. The Sub Court relying on Ext.A3 common judgment in LAR.111 of 2002 and 112 of 2002 on the file of the same court, enhanced the land value at Rs.46,941/- per Are. The award is challenged in the appeal contending that Ext.A3 judgment should not have been relied on by the Sub Court as it is under challenge. 2. Learned Government Pleader and the learned counsel appearing for respondent were heard. 3. Ext.A3 judgment was challenged before this Court in LAA.127/07 2 LAA.727 of 2007 and connected cases. As per common judgment dated 23.10.2007, the appeals were dismissed confirming the enhanced land value @ Rs.46,941/- per Are. In view of the finality of Ext.A3 judgment, I find no reason to interfere with the enhancement grated by the Sub Court, N.Parur in LAR 99 of 2002. Appeal is dismissed. M. SASIDHARAN NAMBIAR, JUDGE okb