IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 LA.App..No. 355 of 2011() ------------------------- LAR.386/2006 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. C.R. SHYAMKUMAR RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------- 1. C. NAGESWARI AMMA, SANKARA MANGALAM, NARUVAMOODU, THIRUVANANTHAPURAM-695035. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695001. ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- LAA. No. 355 of 2011 ----------------------------------------------- Dated this the 21st day of November, 2011 J U D G M E N T Pius C.Kuriakose, J. We find force in the submission of the learned senior Govt. Pleader Sri.C.R. Syamkumar that the issue raised by the Government in this appeal is covered in favour of the Government to a certain extent by judgment of this Court in LAA No. 459 of 2011. We find that under the above judgment this court has re-fixed the value of the land in the same village acquired for the same purpose pursuant to a notification which is one month subsequently at Rs.23,76,000/- per Are. We are of the view that the passage of interregnum of one month can be ignored and the same rate cannot be granted to the claimants in this case. We allow this appeal and re-fix the land value at Rs.23,76,000/- per Are. The claims of the respondent regarding proper value to be given for the trees and other improvements will LAA. 355/11 -2- be considered in the appeal preferred by the claimant. The land value is confirmed. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-