IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 LA.App..No. 1468 of 2008() -------------------------- LAR.53/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT -------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT --------------- THOMAS, S/O STEPHEN, PULIMOOTTIL HOUSE, THODUPUZHA. ADV. SRI.RAJU K.MATHEWS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1468 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal by the government pertains to acquisition of land for the construction of Vengalloor-Mangattu Kavala road in Thodupuzha as per Section 4(1) notification dated published on 1-6-99. The land acquisition officer awarded land value at the rate of Rs. 1983/- per cent which was enhanced by the reference court to Rs.38217/- per cent. The evidence which was relied on mainly by the reference court was the judgment in L.A.R.No.69/03 on the files of that court. In fact, the property which was subject matter of LAR was also acquired pursuant to the very same notification and the land acquisition officer had treated that property and the acquired property in the present case as similar for the purpose of awarding compensation. It is brought to our notice that the Government had preferred LAA.No.1629/07 against the judgment in LAR.No. 69/03 and that the said appeal was dismissed by this court. A copy of the judgment in the appeal will reveal that the LAA.No.1468/08 2 judgment in LAR.NO. 69/03 has become final. Under the above circumstances, we are of the view that there is no ground for interfering with the impugned judgment in this case. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE M.C.HARI RANI JUDGE sv. LAA.No.1468/08 2