IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 LA.App.No. 1581 of 2008 ----------------------------- LAR.110/2006 of SUB COURT, ERNAKULAM .................... APPELLANT/RESPONDENT No.1: -------------------------------------- STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, LA, RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENT/CLAIMANTS AND 2ND RESPONDENT IN THE LAR: ----------------- 1. SARASWATHY, D/O.KAKSI AMMA MEEKKAVU DESOM, KUREEKADU (POSTAL ADDRESS: PUTHEN VALIYA MADOM, MULAMPUZHA, PATTHALAY) 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- L.A.A. No. 1581 OF 2008 -------------------------------------------- Dated this the 22nd day of September, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.1682/2008: This is an application to condone the delay of 151 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.110/2006 on the file of the Sub Court, Ernakulam. Acquisition is for the purpose of doubling the railway line between Ernakulam and Mulanthuruthy. 2. The extent involved is 2.90 Ares. The reference court found that the acquired property is similar and similarly situated as that of the property in L.A.R.No.96/2006 on the basis of the evidence available on record, from the report of the Advocate Commissioner as well as that of AW1. No witness has been examined by the respondents to contradict the evidence adduced by AW1 and the Advocate Commissioner. L.A.A. No. 1581/08 2 The land value fixed by the reference court in L.A.R.No.96/2006 at the rate of Rs.73,719/- has become final. Therefore, there is no merit in this case. The application for condonation of delay and the appeal are accordingly dismissed. I.A.No.3661/2008: Dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp L.A.A. No. 1581/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. No. 1581 OF 2008 J U D G M E N T 22.09.2008