IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 LA.App..No. 59 of 2010(D) ------------------------- LAR.104/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S)/ LEGAL REPRESNTATIVES OF CLAIMANT NO.1 & CLAIMANTS NO.2,3 & 5. ------------------------------------- 1. P.K.GOPALAN (DIED),LRS:- V.K.YESHODA GOPALAN W/O.LATE P.K.GOPALAN, AGED 65 YEARS, NO OCCUPATION, RESIDING AT 'SEVAN WELLS', NO.37,II FLOOR, PARAMANANDAM STREET, CHENNAI-1. 2. G.PREMKUMAR,S/O.LATE P.K.GOPALAN, AGED 46 YEARS, BUSINESSMAN, RESIDING AT 'SEVAN WELLS', NO.37, II FLOOR, PARAMANANDAM STREET, CHENNAI-1. 3. CLAIMANTS NO.2,3,&5 4. P.K.MADHAVI, D/O. KUNHAMBU, AGED 78 YEARS, NO. OCCUPATON, RESIDING AT KODIYERI, MOOZHIKKARA, THALASSERY TALUK,KANNUR DISTRICT. 5. P.K.LAKSHMI, D/O. KUNHAMBU, 72 YEARS, NO OCCUPATION, RESIDING AT KODIYERI, MOOZHIKKARA, THALASSERY TALUK, KANNUR DISTRICT. (CLAIMANT NO.4 NARAYANI DIED AFTER THE JUDGMENT AND CLAIMANT NO. 1 TO 3 & 5 ARE LEGAL REPRESENTATIVES) BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION THALASSERY, KANNUR DISTRICT. BY GOVT.PLEADER SMT.LATHA .T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 59 OF 2010 ------------------------ Dated this the 9th day of March, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimants pertains to acquisition of land in Kodiyeri amsom within the area of the Thalassery Municipality pursuant to a notification published on 25/11/1997 for the purpose of Malabar Cancer Society. As against the value of Rs.3770/- per cent awarded by the Land Acquisition Officer, the Reference Court refixed the land value at Rs. 5320/- per cent. 2. In this appeal several grounds have been raised contending that the land value refixed by the court is quite inadequate. Our attention is drawn by Sri.R.Surendran, learned counsel for the appellant to the judgment of this court in L.A.A. No.301/2005. It is conceded by the learned senior Government Pleader that the above judgment also pertains to acquisition of identical property for the same purpose. It was also submitted that the above judgment has attained finality. We notice that under that judgment, the market value of the land has been refixed at Rs.10,000/- per cent. LAA.No. 59/2010 2 3. Following the decision taken in L.A.A No. 301/2005, we allow the appeal and in modification of the judgment and decree under appeal, refix the value of the land under acquisition at Rs.10,000/- per cent. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk