IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 LA.App..No. 1299 of 2008() -------------------------- LAR.296/1989 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: ----------- STATE OF KERALA BY ADV. GOVERNMENT PLEADER SRI.BASANTH BALAJI RESPONDENTS: ------------- GEEVARGHESE CHACKO, PUTHENVILA VEEDU, PERUMPUZHA CHERRY, KOTTMKARA VILLAGE. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2899/2008 IN L.A.A. NO.1299/2008 DISMISSED 29.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 1299 of 2008 ---------------------------------- Dated this the 29th day of July , 2008 JUDGMENT This appeal relates to the acquisition of 1.20. Ares of land for the purpose of Kottiyam Branch Canal pursuant to a notification under Section 4(1) notification dated 22.12.1987. The Land Acquisition Officer awarded land value at the rate of Rs.7082/- per Are. The court below relying on the judgment in L.A.R.Nos.347/1989, 565/1988 and 355/1989 re-fixed the land value at Rs.7,082/- per Are. It is seen from the judgment that the learned Subordinate Judge proceeded on the basis that the judgments relied on had attained finality. The Registry reports to me that the judgments have attained finality. There was no appeal against the judgment in L.A.R. 347/1989. The appeal which had been preferred against the L.A.R. Nos.565/1988, 355/1989 were L.A.A.397/1994, 458/1994 respectively. Both those appeals have been dismissed by a Division Bench of this court confirming the land value refixed by the reference court. Under the above circumstances, I do not find any warrant L.A.A. No.1299/2008 2 for interfering with the judgment of the reference court. The appeal fails and the same will stand dismissed. PIUS C. KURIAKOSE JUDGE dpk