IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 LA.App..No. 46 of 2000(B) ------------------------- LAR.349/1993 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT -------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT --------------- K.UNNI NAIR S/O KELUKUTTY NAIR EDAVALAPARAMBATH HOUSE P.O., CHEVAYUR, KOZHIKODE ADV. SRI.SUNNY MATHEW THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.46 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal by the government pertains to acquisition for the Kerala Electricity Board for the establishment of 110 KV sub station in Chevayoor village in Kozhikode district pursuant to a notification under Section 4(1) which was published on 12-08-91. The land acquisition officer awarded land value at the rate of Rs. 6392.50. It was enhanced by the reference court to Rs. 15,000/- per cent. This the reference court did relying on the evidence which consisted of Ext.A1 which was copy of the relevant court judgment and Commissioner's report and sketch Ext.C1 and C2. 2. Even though several attractive grounds have been raised in the memorandum of appeal, we are informed that a learned Single Judge of this court has by common judgment in L.A.Nos. 66, 182,201,205,220,221,226,259,287 663 of 1998 dismissed the appeals preferred by the Government against other cases covered by the LAA.No.46/2000 2 impugned common judgment. A copy of that common judgment of the learned Single Judge is placed before us. It is seen that the learned Judge has giving reasons, approved the enhancement granted under the impugned judgment. It is not disputed that the common judgment referred to above has become final. Ext.A1 judgment is a relevant judgment in the sense that the same pertains to acquisition for the very purpose pursuant to the very same notification. It is fairly conceded by the learned Government Pleader that Ext.A1 relied on in the impugned common judgment has also become final. For all these reasons, this appeal is liable to be dismissed. We dismiss the same, however without any order as to costs. PIUS.C.KURIAKOSE JUDGE M.C.HARI RANI JUDGE sv. LAA.No.46/2000 2