IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 LA.App..No. 1563 of 2007() -------------------------- LAR.418/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT/CLAIMANT ---------------------------------- VENGILATT GOVINDAN, AGED 70 YEARS, S/O. LATE RAMUNNI, RETIRED TEACHER, PARENTAVIDA HOUSE, P.O.DHARMADOM, THALASSERY. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH RESPONDENTS/RESPONDENTS -------------------------------------------- 1. THE SPECIAL TAHSILDAR (L.A.), THALASSERY. 2. DIRECTOR OF TOURISM, TRIVANDRUM. BY SENIOR GOVERNMENT PLEADER, SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 1563 of 2007 --------------------------------- Dated this the 27th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Claimant is the appellant. His property in Dharmadam village was acquired pursuant to section 4(1) notification published on 27.12.1998 for the purposes of Directorate of Tourism Department. Land Acquisition Officer awarded land value at the rate of Rs.2250/- which was enhanced by the Reference Court on the basis of the evidence which came on record at Rs.4000/ per cent. Our attention is drawn by the learned counsel for the appellant to the judgment of this court in LAA.1707/07. Learned counsel submitted that the above judgment covers the issue in favour of the appellant to a certain extent. We have gone through the above judgment. Under this judgment the value of identical land acquired for the same purpose for which the Land Acquisition Officer had awarded the same rate, this court refixed the land value at Rs. 7500/- It is not disputed that the above judgment has attained finality. LAA.1563/2007 2 Relying on the above judgment we refix the land value at Rs.7500/- per cent. The appellant will be entitled for all statutory benefits on the total refixed value. Parties are directed to suffer their respective costs. Registry will issue decree copy after ensuring that the full court fee is remitted. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.1563/2007 3