IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 LA.App..No. 871 of 2009() ------------------------- LAR.319/2005 of II ADDL.SUB COURT,THIRIVANANTHAPIRAM .................... APPELLANT/1ST RESPONDENT ---------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, TRIVANDRUM. BY SENIOR GOVERNMENT PLEADER SRI.C.R. SHYAM KUMAR RESPONDENTS/CLAIMANT AND RESPONDENT NO.2 ------------------------------------------------------------- 1. KARUNAKARAN @ BABY, KULANGARA VEEDU TC 31/884 PETTAH POST, THIRUVANANTHAPURAM. 2. THE SECRETARY TRIDA, THIRUVANANTHAPURAM R1 ADV. SRI.R.S.KALKURA R2 BY ADV.SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.871 OF 2009 ................................................................... Dated this the 16th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. On behalf of R.S. Kalkura adjournment is sought. We are not inclined to grant the same as we find much force in the submission of Sri. C.R. Syamkumar - senior Government Pleader that the issue raised in this appeal is covered in favour of Government by a judgment of this Court in LAA.No.2413/2008. We find that the above appeal was in respect of acquisition of identical properties for the same purpose during the same period pursuant to the same notification. The Land Acquisition Officer had awarded the same rate. The court also has awarded the same rate in that case. According to us, the judgment in LAA.No.2413/2008 is to be followed. Following that judgment, we allow this appeal and refix the market value of land under acquisition as Rs.14,00,000/- per are. In fact on the refixed compensation, the claimant/respondent will be entitled to interest under Sections 23(2),23(1A) and 238. L.A.A.NO.871 OF 2009 : 2 : Parties are directed to bear their respective costs in the appeal. The cost awarded by the lower court in favour of the claimant will remains. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl