IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 LA.App..No. 479 of 2008(D) -------------------------- LAR.4/1999 of SUB COURT, HOSDRUG .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REP. BY THE REVENUE DIVISIONAL OFFICER, KASARAGOD AT KANHANGAD. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT: -------------------------------- 1. LAINAKALLILATH ABDUL RAHIMAN, S/O. MOIDEEN, MUNIYAGOD, CHITTARI VILLAGE, P.O. CHITTARI, HOSDURG TALUK. 2. MRS. NOORUNISSA A.R. SHEIK, D/O. RUKYIBI MOHD, ISSAQU COMPOUND, MURCARE HILL ROAD, BEENDOOR, MANGALORE-575002. 3. MRS. PYARIJAN, D/O. RUKIYABI, A.H. HOUSE, NEAR STILLA MARISA SCHOOL, P.O. KOTTAKKAR BEERI, MANGALORE-574152. 4. MR.SHEIK JAFAR, S/O. RUKIYABI, MUNDOL PRAKASH NAGAR P.O., KOTTAKKAR BEERI, MANGALORE-574152. 5. MR. SHEIK HAMED, S/O. RUKIYABI, BAQYIYATH MANZIL, BOLAR FERRI ROAD, MANGALORE-575001. 6. MR. SHEIK IMTHIYAZ, S/O. RUKIYABI, M.S. COMPOUND MADOOR, KOOTTAKKAR, MANGALORE-574152. 7. B.R.D.C., THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.479 of 2008 ------------------------------------------------ Dated this the 28th day of August, 2009 JUDGMENT Pius C. Kuriakose, J It is fairly conceded by Smt.Latha T. Thankappan, the learned Senior Government Pleader that the issue raised in this appeal is covered against the Government vide judgment of this Court in L.A.A.595/08. In view of that judgment, this appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/- L. A. A. No.479 of 2008 -2- PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.479 of 2008 ------------------------------------------------ Dated this the 3rd day of August, 2009 ORDER Pius C. Kuriakose, J This appeal is remaining in the defect list for non-completion of service of notice to respondents. Notice to R1 is returned with the endorsement “expired”. The appellant is directed to take steps for impleading LRs of R1. As regards the other respondents, it is seen that respondents 2 to 5 were appearing through Advocate Sri.B.M.Jamal and respondent No.6 was appearing through Advocate Sri.K.C.Sashindran before the Reference Court. The appellant is directed to take steps for completion of service of notice on those respondents. The appellant L. A. A. No.479 of 2008 -3- is also directed to serve copies of the appeal memo by registered post with acknowledgment due, showing the number of appeal and posting dates to Advocate Sri.B.M.Jamal and Sri.K.C.Sashindran of Hosdrug Court. Post on 28/08/09. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-