IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 LA.App..No. 275 of 2010(C) ------------------------------- LAR.100/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS & RESPONDENT --------------------------------------------------- 1. V.RAJASEKHARAN NAIR, MASS NIVAS, MUTHADA MURI, VATTIYOORKAVU VILLAGE, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.LAL GEORGE FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.275 of 2010 ------------------------------------------------ Dated this the 12th day of August, 2010 JUDGMENT Pius C. Kuriakose, J Having regard to the submissions addressed before us by Smt.Latha T. Thankappan, the learned senior Government Pleader and Sri.Lal George, the learned counsel for the respondent, we are of the view that the issue raised by the Government in this appeal is covered to a great extent in favour of the Government by judgment in LAA.363/10. Following the decision taken in that case, we allow the appeal and re-fix the market value of the land under acquisition at Rs.17 lakhs per Are. L. A. A. No.275 of 2010 -2- 2. The appeal is allowed as above. The claimant will be entitled for all statutory benefits on the re-fixed compensation. Parties are directed to suffer their respective costs. It is clarified that the statutory interest under Section 28 will be admissible only from 31/05/07, the date of dispossession. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-