IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 LA.App..No. 2464 of 2008() -------------------------- LAR.162/1998 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT/RESPONDENT: ----------------------------- STATE OF KERALA, REPTD.BY THE DIST.COLLECTOR, KOTTAYAM BY SR.GOVERNMENT PLEADER SHRI P.K.BABU RESPONDENT/CLAIMANT: ---------------------------- THOMAS, S/O MATHAI, NERIAMPARAMBIL, THURUTHY, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== L.A.A. NO. 2464 OF 2008 ============================ DATED THIS THE 21ST DAY OF JANUARY 2009 JUDGMENT Pius C.Kuriakose,J. This appeal pertains to acquisition of land for the purpose of construction of the Changanacherry Bye-pass. Relevant notification under Section 4(1) was published on 16-3-1995 and the Land Acquisition officer awarded Rs.41,167/- per Are. The Reference Court relying on the evidence, Exts.A4 and A5, which came on record refixed the land value at Rs.35,000/- per cent. We are informed that this Court by common judgment in L.A.A.Nos.1013,1391 & 1806 of 2002 and other judgment in L.A.A.No.999/2002 approved such refixation by the Reference Court in identical properties. In view of the finality attained by Exts.A4 and A5 judgments, we do not find any reason warranting interference and the appeal will stand dismissed in limine. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, ks. JUDGE PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== C.M.APPLN. 2556 OF 2008 I N L.A.A. NO. 2464 OF 2008 ============================ DATED THIS THE 21ST DAY OF JANUARY 2009 ORDER Pius C.Kuriakose,J. Even though the delay is inordinate, we are inclined to condone the delay without issuing notice to the respondent/claimant since we find that we will be able to decide the appeal itself immediately in favour of respondent. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, ks. JUDGE