IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 LA.App..No. 218 of 2009(D) -------------------------- LAR.248/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY GOVT.PLEADER SMT.ROSE MICHAEL RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 ------------------------------------------ 1. HARIKUMAR, MALAYALA RAJYOM BUILDINGS, PULIMOOD, PUTHENCHANDA, THIRUVANANTHAPURAM. 2. SASIKUMAR, MALAYALA RAJYOM BUILDINGS, PULIMOOD, PUTHENCHANDA, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.K.A.JALEEL, SC., TRIDA SRI.K.A.JALEEL, SC., TRIDA FOR R3 SRI.R.MANOJ FOR R1,2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 218 OF 2009 ------------------------ Dated this the 3rd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal is preferred by the Government. The acquisition was of land in Vanchiyoor Village pursuant to Section 4(1) notification published on 7/8/2004. The purpose of acquisition was for widening of LMS-Attakulangara road. Under the impugned award, the Reference Court refixed the land value at Rs. 28,00,000/- per Are. 2. Smt.Rose Michael learned Government Pleader would draw our attention to our own judgment in L.A.A. No.2008/2008 and memorandum of Cross Objection. She submitted that in view of the above judgment, the appeal is to be allowed and the market value of the land under acquisition is to be refixed at Rs.21,60,000/- per Are. 3. Sri.R.Manoj, learned counsel for the claimants was not in a position to oppose the above submissions of the Government L.A.A.No.218/2009 2 Pleader. Under the above circumstances, we follow the decision already taken in L.A.A. No.2008/2008 and allow this appeal and refix the market value of the land under acquisition at Rs.21,60,000/- per Are. The appeal is allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk