IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 LA.App..No. 701 of 2008() ------------------------- LAR.148/2004 of SUB COURT, MUVATTUPUZHA .................... APPELLANT/RESPONDENT: ----------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT/CLAIMANT ------------- JESSY,W/O.PETER,CHETTIKANDATHIL HOUSE, PAMPAKUDA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.701 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2008 JUDGMENT This appeal by the government pertains to acquisition of 5.60 Ares of land in Memury village of Muvattupuzha Taluk for the purpose of construction of Ramangalam branch canal pursuant to a notification under Section 4(1) dated 30-09-1994. The land acquisition officer fixed land value at the rate of Rs. 8115/- per Are. The reference court relying on Ext.A1 judgment in L.A.R.No.211/96 would enhance the land value by Rs. 3555/- per Are. Ext.A1 was in respect of acquisition pursuant to the very same notification and for the very same purpose. A reading of the impugned judgment will reveal that the reliance placed by the learned Subordinate Judge on Ext.A1 was perfectly justified particularly in view of provisions such as Section 28A of the Land Acquisition Act. The Registry reports that Ext.A1 has attained finality in the sense that no appeal was preferred against Ext.A1. Under the above circumstances, I am of the view that no useful purpose will be served LAA.No.701/08 2 from the Government's point of view by admitting this appeal. The appeal will stand dismissed inlimine. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.701/08 2