IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 LA.App..No. 870 of 2007() ------------------------------------ LAR.109/1993 of ADL.SUB COURT, THALASSERY .................... APPELLANT/CLAIMANT NO.1 ------------------------------------------ KALLIAT SAROJINI, W/O BHARATHAN, AGED 56 YEARS, NO OCCUPATION, RESIDING AT DHARMADAM AMSOM, PALAYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR.R.SURENDRAN RESPONDENTS/CLAIMANTS NO.3 TO 7 AND STATE ------------------------------------------------------------------------- 1. KALLIAT BHAGEERATHI, D/O MANNI, RESIDING AT MANU NIVAS, PALAYAD P.O., DHARMADAM AMSOM, PALAYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. KALLIAT CHANDRI, D/O MANNI, RESIDING AT MANU NIVAS, PALAYAD P.O., DHARMADAM AMSOM, PALAYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. 3. KALLIAT MOHANAN, S/O MANNI, RESIDING AT MANU NIVAS, PALAYAD P.O., DHARMADAM AMSOM, PALAYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. 4. KALLIAT RAMESHAN, S/O MANNI, RESIDING AT MANU NUVAS, PALAYAD P.O., DHARMADAM AMSOM, PALAYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. 5. KALLIAT MANOHARAN, S/O MANNI, RESIDING AT MANU NIVAS, PALAYAD P.O., DHARMADAM AMSOM, PALAYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT. 6. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA), THALASSERY, KANNUR DISTRICT. R6 BY GOVERNMENT PLEADER MR.BENNY VARGHESE. R1 TO R5 BY ADV. MR.K.V.PAVITHRAN, MR.JAYANANDAN MADAYI PUTHIYAVEETTIL. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. LA.App..No. 870 of 2007() ORDER ON I.A. NO.2231/2007 IN L.A.A. NO.870/2007 DISMISSED 18/01/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. ........................................... L.A.A.No.870 OF 2007 ............................................. Dated this the 18th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court,Thalassery in L.A.R.No.109/1993. The said reference was with reference to the entitlement of the compensation. The dispute was in between claimant No.1 and claimant Nos.3 to 7. The land acquisition court after enquiry came to the conclusion that claimants 3 to 7 in the reference are entitled to compensation amount and claimant No.1 is not entitled to any amount. It is against that award, claimant No.1 had come as appellant. Claimants 3 to 7 are arrayed as respondents 1 to 5 in the appeal. In appeal, the matter has been settled between the appellant and respondents 1 to 5(claimants 3 to 7). The compromise is recorded and the award passed by the court below is set aside and a revised award in terms of the compromise is passed as follows: 1. The finding of the land acquisition court that the : 2 : L.A.A.No.870 OF 2007 appellant is not entitled to any amount is set aside. 2. By virtue of the terms and compromise, the appellant herein is found to be entitled to the entire amount awarded under the land acquisition proceedings and she is given liberty to withdraw the amount which is in deposit with accrued interest. 3. It is decided between the parties to enter into a separate partition or settled deed with respect to properties left it after acquisition. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl