IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 LA.App.No. 407 of 2007 ---------------------------- LAR.124/2001 of SUB COURT, KOZHIKODE .................... APPELLANTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (L.A), KOZHIKODE 2. THE EXECUTIVE ENGINEER, BRIDGES SECTION, KOZHIKODE. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENT/CLAIMANT: --------------------------------- M.P. ZAINUL ABIDEEN THANGAL, THALANCHERI HOUSE, P.O.CHALIYAM, KADALUNDI VILLAGE. REP. BY P/A HOLDER M.V.MUHAMMED ABDUL RASHEED, S/O.V.K.AVARAN, KUNNUMMAL HOUSE, CHALIYAM P.O., KADALUNDI VILLAGE, KOZHIKODE. ADV. SRI.THOMAS ANTONY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ----------------------------------------- L.A.A. No. 407 OF 2007 ----------------------------------------- Dated this the 31st day of October, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.543/2007: This is an application to condone the delay of 801 days in filing the appeal. The appeal is filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Kozhikode. Acquisition is for the purpose of construction of bridge across Karuvanthuruthypuzha. It is seen that there is no appeal against the connected cases covered by the common judgment. 2. The acquired property is situated in Kadalundi village. The land value fixed by the reference court is only at the rate of Rs.23,222/- per cent. It is not in dispute that such land value for the same purpose has been sustained by this Court in several cases. Therefore, there is no reason to condone the delay. The application for condonation of delay and the appeal are dismissed. I.A.No.1266/2007: Dismissed. KURIAN JOSEPH, JUDGE K.T. SANKARAN, JUDGE smp KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. No. 407 OF 2007 J U D G M E N T 31.10.2008