IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 LA.App..No. 1763 of 2008(A) -------------------------------- LAR.113/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT NO.1 IN LAR: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLAIMANT ------------------------------- 1. V.N.JAYAKUMAR, S/O.NARAYANAN, KALATHIPPADI VATTAKANNEL VEEDU, VIJANAPURAL VILLAGE,KOTTAYAM. 2. THE MANAGER STATE BANK OF INDIA, ANDOOR BUILDING, G.H.ROAD,THIRUVANANTHAPURAM. 3. THE SECRETARY TRIDA, THIRUVANANTHAPURAM. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R3 SRI.R.MANOJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1763 of 2008 ------------------------------------------------ Dated this the 19th day of July, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the submissions addressed at the Bar by Sri.V.T.K.Mohanan, the learned Senior Government Pleader and Sri.Manoj R., the learned counsel for the claimant, we find that the issue raised in this appeal is covered in favour of the Government by our own judgment in L.A.A.263/09 and connected matters. Relying on that judgment we allow this appeal and re-fix the market value of the land at ` 21,16,998/- per Are. We notice that the court below has committed a mistake of referring to the date of dispossession as 28/12/05. We clarify that the date of dispossession is 24/03/07 and that interest under Section 28 will be calculated on that basis. We also clarify that we have L. A. A. No.1763 of 2008 -2- not interfered with the enhancement in building value granted by the reference court. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-