IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 LA.App..No. 281 of 2010() ------------------------- LAR.133/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR, LA (NH), KESAVADASAPURAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- P.SUSEELA, MUDUMBIL VEEDU, CHACKAI, PETTAH, THIRUVANANTHAPURAM. ADV. SRI.D.SAJEEV FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 281 OF 2010 ------------------------ Dated this the 10th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Having regard to the submissions addressed before us by the learned senior Government Pleader Smt.Latha T.Thankappan and the learned counsel for the respondent/claimant and taking into account the judgment of this court in L.A.A. No.565/2009 and other cases pertaining to the acquisition of land in more or less at the same time in Pettah Village, we are inclined to allow this appeal to a certain extent. The appeal is allowed and the market value of the land under acquisition is refixed at Rs.12 Lakhs. The claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total refixed compensation. The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk