IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH OCTOBER 2007 / 3RD KARTHIKA 1929 LA.App..No. 135 of 2004() ------------------------- LAR.37/1998 of SUB COURT, PAYYANNUR .................... APPELLANT: PETITIONERS: ----------------------- 1. KOONICHIRA KUNHAMBU, (DIED) KARIVELLOOR AMSOM, KANNUR DISTRICT. 2. CHOORAKKATTU CHIYEYI, W/O. LATE KOONICHIRA KUNHAMBU, AGED 60 YEARS, KARIVELLUR AMSOM AND DESOM. 3. CHOORAKATTU SHAJAN, S/O. LATE KUNHAMBU, AGED 45 YEARS, AGRICULTURIST, KARIVELLOOR. 4. CHOORAKKATTU BALAN, S/O. LATE KUNHAMBU, AGED 43 YEARS, AGRICULTURIST, KARIVELLUR. 5. CHOORAKKATTU SURENDRAN, S/O. LATE KUNHAMBU, AGED 41 YEARS, AGRICULTURIST, KARIVELLUR. 6. CHOORAKKATTU MANOHARAN, S/O.LATE KUNHAMBU, AGED 36 YEARS, KARIVELLUR. 7. CHOORAKKATTU MADHU, S/O. KUNHAMBU, AGED 35 YEARS, KARIVELLUR. 8. CHOORAKKATTU VALSAN, S/O. LATE KUNHAMBU AGED 27 YEARS, KARIVELLUR. 9. CHOORAKKATTU MOHANAN, S/O. LATE MUNHAMBU AGED 24 YEARS, KARIVELLUR AMSOM AND DESOM, SUPPL.2 TO 9 ARE IMPLEADED AND AMENDED AS PER ORDER IN L.A 1024/2000 & I.A.1925/2000, APPLS.2 TO 4 & 6 TO 9 ARE REP. BY THEIR POWER OF ATTORNEY HOLDER SRI.CHOORAKKATTU SURENDRAN,S/O. KUNHAMBU, AGRICULTURIST, KARIVELLUR AMSOM & DESOM, KANNUR. BY ADV. SRI.V.C.JAMES RESPONDENTS: RESPONDENT: ------------------------ 1. THE SPECIAL TAHSILDAR (LA), NAVAL ACADEMY, RAMANTHALI, KANNUR. 2. CHOORAKKATTU MOHANAN, S/O. LATE KUNHAMBU, KARIVELLUR. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.135 of 2004 ---------------------------------------------- Dated 25th October, 2007. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the claimants in LAR 37/98 on the file of the Sub Court, Payyannur. The acquisition is for the purpose of Ezhimala Naval Academy. It is seen that the reference court has fixed the land value at Rs.800/- per cent. Learned Government Pleader submits that such fixation has become final in many of the connected cases. That is not disputed also. However, learned counsel for the appellants submits that they have not been granted the statutory benefits. We make it clear that the appellants shall be entitled to the statutory benefits, in case they have not been granted the same. The judgment and decree will stand modified to the above extent. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs OP NO. 2 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------- L.A.A.135 OF 2004 ---------------------------------- J U D GM E N T 25th OCTOBER, 2007.