IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE, THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 LA.App..No. 471 of 2008() ------------------------- AGAINST THE ORDER DATED 02/04/2003 IN LAR. 146 /1998 IN LAR.148/1998 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENTS: -------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT: ------------------------ MATHEW JOSEPH, CHERUKARAYIL, VAZHAPPALLY EAST, CHANGANACHERRY. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.471 OF 2008 ------------------------ Dated this the 13th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. The appeal is remaining defective. But, we find that the we are in a position to decide the appeal in favour of the respondent immediately. 2. The appeal pertains to acquisition of lands included in category No.C by the land acquisition officer for the formation of reach II of Changanassery Bye-pass. It is fairly conceded by the learned senior Government Pleader Smt.Latha T.Thankappan that this court has already approved enhancement granted by the reference court in respect of lands included in Categories A and B. In fact, under the impugned judgment what the reference court has done is to fix the value of lands in C category at 25% below the value granted for the properties in category B. Thus the reference court only adopted the ratio followed by the land acquisition officer himself between the values of the properties in Categories B and C. In view of the finality attained by refixation L.A.A.No.471/2008 2 of value in respect of the properties in categories A & B, this appeal is not liable to be entertained. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk