IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 LA.App..No. 1598 of 2008() ------------------------------------- LAR.61/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT/RESPONDENT NO.1: ----------------------------------------------- THE SPECIAL TAHSILDAR(LA) RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER MR.BENNY VARGHESE. RESPONDENTS/CLAIMANT & RESPONDENT NO.2: ----------------------------------------------------------------------- 1. THOMAS, S/O.ABRAHAM, AMBALATHINKAL, MULAMTHURUTHY. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. R1 BY ADV. MR.P.M.JOSHI. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 1598 of 2008 ORDER ON I.A. NO.3684/2008 IN L.A.A. NO.1598/2008 DISMISSED 25/09/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = L.A.A. NO. 1598 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the 3rd Addl. Subordinate Judge, Ernakulam in LAR 61/06. In LAR 61/06, 1.40 Ares of land were acquired for doubling the railway track and the Subordinate Judge after consideration of the materials awarded an enhancement of land value at Rs.19,307/- with other usual benefits. The relied upon judgments for arriving at the enhancement were in LAR 48/06 and LAR 94/06. Admittedly no appeal has been preferred against those judgments which means that it is binding on the State Government. It has also to be stated that LAR 143/06 which is disposed of along with this LAR and against which an appeal was preferred as LAR 1114/08 had also been dismissed by this court. Therefore on the basis of the relied upon judgment and in the light of dismissal of the other LAA wherein also the same judgment had been relied upon, it has to be stated that no further investigation is L.A.A. 1598 OF 2008 -:2:- necessary in the matter to reduce the land value or the compensation. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-