IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 LA.App..No. 1096 of 2008() -------------------------- LAR.140/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT : 1st RESPONDENT -------------- THE STATE OF KERALA. REPRESENTED BY SPECAIL TAHSILDAR (LA), KOCHI REFINERIES LTD., VYTTILA,TRIPUNITHURA. BY SR. GOVERNMENT PLEADER SRI BASANT BALAJI RESPONDENT(S): CLAIMANTS - 2nd RESPONDENT --------------- 1. K.V.JOSEPH, KANJIRATHUNKAL HOUSE, EZHUMATTOM POST, KARIMANNOOR, THODUPUZHA, P/A FOR SIGIMOL JOSEPH, KOCHUPAINGOTTU HOUSE, KARIKKATTOOR POST, KOTTAYAM DISTRICT. 2. THE MANAGING DIRECTOR, KINFRA, KINFRA HOUSE ANNEX, T.C.NO.9/2585, ELANKOM GARDENS VELLAYAMBALAM, TRIVANDRUM. ADV. SRI.A.BALAGOPALAN FOR R1 SRI.A.RAJAGOPALAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 1096 of 2008 --------------------------------------------- Dated: MAY 26, 2009 JUDGMENT Pius C. Kuriakose, J. Sri Imthyas Ahammed, learned counsel for the respondent, draws our attention to the judgment of a Division Bench of this Court in LAA 35/2008 and connected cases. He submitted that the acquisitions in those appeals were also for the same purpose in the same village and pursuant to the very same sec.4(1) notification. Those appeals involved extents between 2 Ares to 5 Ares. The appeals pending before this Court are in respect of much larger extents. A perusal of the records in this case reveals that the total extent involved in this case is 2.83 Ares. In view of the judgment in LAA 35/2008 series, this appeal need not be entertained. This appeal accordingly will stand rejected. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-