IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 LA.App..No. 1236 of 2009(D) --------------------------- AGAINST THE ORDER DATED / / IN LAC 346/1999) IN LAR.134/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: CLAIMANT ---------------------- LATHA S.NAIR, KAMALA NIVAS, NEDUNGADU, KARAMANA. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: --------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER SRI.BASANTH BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------ L.A.A.NO. 1236 OF 2009 -------------------------------- Dated this the 31st day of March, 2010. J U D G M E N T Pius C.Kuriakose, J This is an appeal filed by the claimant. Even though several grounds have been raised assailing the judgment of the reference Court when the matter came up for admission, Sri. Pirappancode V.Sreedharan Nair and Sri.Pirappancode V.S.Sudhir highlighted that the issue is covered by judgment of this court in L.A. A.No.234/2009. Sri.Basanth Balaji Senior Government Pleader taking notice conceded that LAA No.234/2009 has become final on going through the judgment in LAA No.234/2009, we are of the view that the property involving in that case is identical property and was acquired for the same purpose of widening the Killippalam-Karamana Reach II in pursuance of the notification. In the above circumstance, we follow the above decision and allowing the appeal re-fix the land value at the rate of Rs,5,90,864/-. It is needless to mention that the claimant will be L.A.A.NO. 1236 OF 2009 2 entitled to all the statutory benefits on the total compensation by virtue of re-fixation under this judgment. Parties will suffer their respective costs. PIUS C. KURIAKOSE ,JUDGE. C.K.ABDUL REHI, JUDGE. pm