IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 LA.App..No. 1162 of 2007() -------------------------- LAR.9/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S): RESPONDENT IN THE LAR -------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT IN THE LAR --------------- 1. V.REMA, RESIDING AT PADNEKKAD,KANHANGAD VILLAGE, HOSDURG TALUK. 2. SUBHALAKSHMI V.,RESIDING AT PADNEKKAD,KANHANGAD VILLAGE, HOSDURG TALUK. 3. SRI.GOPIKUMAR, RESIDING AT PADNEKKAD,KANHANGAD VILLAGE,HOSDURG TALUK. 4. MAHESH, RESIDING AT PADNEKKAD, KANHANGAD VILLAGE,HOSDURG TALUK. ADV. SRI.KODOTH SREEDHARAN FOR R1-4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1162 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. Having gone through the impugned judgment and having heard the submissions of Sri.Basant Balaji, learned senior Government Pleader and those of Sri.Kodoth Sreedharan , learned counsel who has taken notice for the claimant, we are of the view that the reliance placed by the learned Subordinate Judge on Exts.A1 and A2 judgments for refixing the land value was justified. Registry reports that Exts.A1 and A2 have attained finality in the sense that no appeals have been preferred against Exts.A1 and A2 by the Government. According to us, appellant/Government can have legitimate grievance only regarding the non-deduction of the amount which had been paid to the claimant towards value of improvements despite refixation of land value and award of land value for the entire property which was held by the respondent. Accordingly, in modification of the impugned judgment and decree, it is ordered that the respondent/claimant will be entitled to LAA.No.1162/07 2 land value for the entire extent acquired from him at the rate refixed by the reference court and that the sum of Rs. 9,900/- paid by the awarding officer to the respondent/claimant towards value of improvements will be deducted. In the circumstances of the case, parties will suffer their respective costs in the appeal. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.1162/07 2