IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 LA.App..No. 1304 of 2010() ----------------------------------- LAR.7/2003 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ADDL.2ND RESPONDENT ----------------------------------------------------------- INLAND WATERWAYS AUTHORITY OF INDIA, REGIONAL OFFICE AT PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, (NOW OFFICE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU.P.O., KOCHI-682304. REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT ------------------------------------------------------------------------------- 1. OMANA, THURUTHEL PUTHEN VEEDU, KULANGARA BHAGOM, CHAVARA, KOLLAM-691583. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. R2 BY SR.GOVERNMENT PLEADER SMT.LATHA THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.1304 of 2010 ---------------------------------------------- Dated, this the 17th day of December, 2010 J U D G M E N T K.M.Joseph, J. This appeal is filed by the requisitioning authority in the matter. The Learned Sub Judge has awarded 60% enhancement. Learned counsel for the appellant Sri.V.Santharam would bring to our notice the decision of a Division Bench of this Court in a similar matter in L.A.A.No.1287 of 2009 wherein this Court dismissed the appeal, but, proceeded to observe as follows: “It is made clear that this judgment will not cause any prejudice to the appellant in appeals, if any, which are filed by the claimants either in this case or other connected matters. It is open to the appellant to take all available contentions in the prospective appeals.” We follow the same course and dismiss the appeal, but with the following rider. It is made clear that this judgment will not cause any prejudice to the appellant in appeals, if any, which are filed by the claimants either in this case or other connected LAA No.1304/2010 -2- matters. It is open to the appellant to take all available contentions in the prospective appeals. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS