IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 LA.App..No. 1758 of 2007(D) --------------------------- LAR.61/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): RESPONDENTS ------------------------- 1. SPECIAL TAHSILDAR (L.A.), GURUVAYUR DEVASWOM, GURUVAYUR. 2. THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT & RESPONDENT NO.3 ----------------------------------------- 1. GOPI ASARI, S/O. KRISHNAN, VAZHAPPILLY DESOM, PERAKOM AMSOM. 2. ADMINISTRATOR, GURUVAYUR DEVASWOM. ADV. SRI.P.K.RAVISANKAR FOR R.1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.1758 OF 2007 ------------------------ Dated this the 12th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. We fail to see why the Government should prefer this appeal. Under point No.1, the learned Subordinate Judge has found that the claimant respondent had not filed an application for reference under Section 18 and hence the Land acquisition reference under Section 18 is not maintainable. Though under point No.2, the learned Judge proceeded to determine the correct market value of the property in deference to the reference sent to him. But, ultimately under Point No.3, the learned Subordinate Judge has decided that reference is only to be dismissed in the light of the decision of point No.1. The appeal will stand dismissed as unnecessary. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk