IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 LA.App..No. 2222 of 2008 AGAINST THE JUDGMENT AND DECREE DATED 11/03/2008 IN LAR.130/1999 OF II ADDL.SUB COURT,THIRUVANANTHAPURAM APPELLANTS: RESPONDENTS: 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,NH DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.MOHAMED ANZAR RESPONDENTS: CLAIMANTS: 1. B.PADMINI BAI, NP VI/875,KOLAMANGALAM VEEDU,NEERAMANKARA , PAPPANAMCODE PO, THIRUVANANTHAPURAM. 2. B.SUSEELA AMMA, RAJ COLLEGE, UDAYAGIRI, CHEMPAZHANTHI, THIRUVANANTHAPURAM. 3. B.VASANTHAKUMARI, G.N.COTTEGE MANIYANKARATHOPU, PAPPANAMCODE PO, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A. NO. 2222 OF 2008 and C.M.APPL.NO.2283 OF 2008 ------------------------------------------------------------- Dated this the 25th November, 2008 JUDGMENT Kurian Joseph, J. C.M.Appl. No.2283 of 2008 is an application for condoning the delay of 21 days in filing the appeal. On merits, the appeal is filed by the State aggrieved by the fixation of land value by the Reference Court, namely, II Additional Sub Court, Thiruvananthapuram in L.A.R.No.131 of 1999. The acquisition is for the purpose of construction of bridge across Karamana river. The Land Acquisition Officer has fixed the land value at Rs.1,56,214/- per Are. However, relying on the judgment and decree in L.A.R.No.170 of 1999, the Reference Court has fixed the land value at Rs.2,35,000/- per Are. It is seen that the relied on judgment has become final, since there is no appeal against L.A.R.No.170 of 1999. Therefore, the application for condoning the delay in filing the appeal and the appeal are dismissed. L.A.A.NO.2222/2008 AND C.M.APPL.NO.2283/2008 :: 2 :: The interlocutory application for stay, I.A.No.4968 of 2008, is also dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/