IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 LA.App.No.1271 of 2008 ----------------------------- LAR.34/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/RESPONDENT: ------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. RESPONDENTS/CLAIMANTS: ---------------------------------- 1. CHELLAPPAN PILLAI MOHANAN PILLAI, AYIKKARAZHIKATHU PADINJATTATHIL, PERUMON, PANAYAM VILLAGE. 2. CHELLAPPAN PILLAI BALAN PILLAI, AYIKKARAZHIKATHU PADINJATTATHIL, PERUMON, PANAYAM VILLAGE. 3. GOURIAMMA CHELLAMMA AMMA, AYIKKARAZHIKATHU PADINJATTATHIL, PERUMON, PANAYAM VILLAGE. 4. JANAKI AMMA SANTHAMMA, AYIKKARAZHIKATHU PADINJATTATHIL, PERUMON, PANAYAM VILLAGE. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No.1271 OF 2008 ----------------------------------------- Dated this the 5th day of August, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.1321/2008: This is an application to condone the delay of 918 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.34/1997 on the file of the Additional Sub Court, Kollam. Acquisition is for the purpose of railways. 2. It is seen that the Land Acquisition Officer fixed the land value at the rate of Rs.8,581/- per Are and the reference court fixed it at Rs.19,760/- per Are. Section 4(1) notification is dated 13.05.1991. The extent involved is only 3.05 Ares. There is no evidence for the respondents. 3. However, taking note of the locational importance and also referring to Exhibit A1, and on appreciating the evidence of PW1, the land value was fixed at Rs.19,760/- per Are. It is also L.A.A. No.1271/08 2 to be seen that in Exhibit A1, the land value fixed at Rs.18,525/- in respect of the acquisition of the year 1986 is for the very same purpose. Thus we do not find any merit in the appeal. Accordingly, the application for condonation of delay and the appeal are dismissed. I.A.No.2841/2008: Dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No.1271/08 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 1271 OF 2008 J U D G M E N T 05.08.2008