IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 LA.App..No. 999 of 2010(D) -------------------------- LAR.265/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANT: -------------- KAPPADAM OTHAYOTH KUNHIRAMAN NAMBIAR, S/O. KUNHIRAMAN NAMBIAR, KEZHALLUR AMSOM, DESOM P.O. KEEZHALLUR, THALASSERY KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S)/RESPONDENT: --------------- THE SPL. TAHSILDAR, L.A. AIRPORT, MATTANNUR, KANNUR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 999 OF 2010 ------------------------ Dated this the 20th day of August, 2010 JUDGMENT Pius C.Kuriakose, J. Having regard to the submissions addressed by Sri.C.P.Peethambaran, learned counsel for the appellant/claimant and Smt.Latha T.Thankappan, learned senior Government Pleader, we are of the view that the issue raised by the claimant in this appeal is covered in favour of the claimant by the judgment of this court in L.A.A. No.820/2009. Following that judgment, we allow the appeal to the extent of refixing the market value of the land under acquisition at Rs.2500/- per cent. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he become eligible by virtue of this judgment. The Registry will have due regard to the conditions imposed by us in the order in C.M.Appln. No.1503/2010. The Registry will issue certified copy of the decree to the appellant only after ensuring that cost ordered in C.M.Appln. No. 1503/2010 is paid and that the full court fee LAA.No.999/2010 2 payable on the appeal memorandum is also remitted. The appeal will stand allowed, however, without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk