IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 LA.App..No. 1976 of 2008(D) --------------------------- LAR.92/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER SRI. BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. REGUNATHAN,S/O. KRISHNA PILLAI, PALANICKAL, THODUPUZHA. 2. RADHAKRISHNAN, PALANICKAL, THODUPUZHA. ADV. SRI.K.S.BABU FOR R1 SMT.N.SUDHA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1976 OF 2008 ------------------------ Dated this the 18th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. The issue raised in this appeal filed by the Government, which is in respect of acquisition pursuant to Section 4(1) notification dated 29/11/1999 of the property in Thodupuzha Village for the construction of Kanjirmattom - Mangattukavala road, is actually covered against the Government by the judgment of this court in State of Kerala v. Jose Simon (2009 (1) KLT 760). In view of that judgment, this appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk