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 4TH OCTOBER 2011 / 12TH ASWINA 1933 LA.App..No. 469 of 2011() ------------------------------------- LAR.204/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): /CLAIMANT ---------------------------------------- MURUKESA PILLAI, T.C.39/800.,PALAYATHU LANE,CHALAI, THIRUVANANTHAPURAM BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): RESPONDENT ----------------------------------------------- STATE OF KERALA REP.BY SPL.TAHSILDAR, LA.PWD SECTION,THIRUVANANTHAPURAM-695001 BY GOVT. PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 469 of 2011 --------------------------------- Dated this the 4th day of October, 2011 JUDGMENT Pius C.Kuriakose ,J. It is submitted by the learned counsel for the appellant that the issue raised by the appellant/claimant in this appeal is covered in favour of the appellant by judgment of this court in LAA.No.516/2006 and connected cases. Learned Government Pleader Sri.V.T.K.Mohanan does not dispute the above submission. Under the above circumstances we allow this appeal. The value of land acquired, which is in Vanchiyoor village for the purpose of widening of M.G. Road leading from Pazhavangadi to overbridge in the commercially most important area of the city will stand refixed from Rs.17,39,306/- per Are by the Reference Court to Rs.22,23,000/- per Are corresponding to Rs.9 lakhs per cent. The appellant will be entitled for all statutory benefits admissible under section 23(1A), 23(2) and 28 of the Land Acquisition Act. However while decree is drafted the section will have due regard to all the conditions incorporated in LAA.469/2011 2 the order dated 27.7.2011 in C.M.Application No.951/2011. Certified copy of the decree will be issued only after ensuring that all those conditions have been complied with and that the full court fee payable on the appeal memorandum is remitted. The appeal is allowed, however without any order as to costs. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.469/2011 3