IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 LA.App..No. 27 of 2009() ------------------------ LAR.118/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD (ROADS), THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SHRI BASANT BALAJI RESPONDENT(S): CLAIMANT ------------------------------- V. SASIDHARAN NAIR, MANNANCHERRY VEEDU, PRASANTH NAGAR, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & M.C.HARI RANI, JJ. -------------------------------------------------- L.A.A.No. 27 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF JANUARY, 2009 J U D G M E N T PIUS C.KURIAKOSE, J. This appeal pertains to acquisition of land in Cheruvackal Village for the construction of a road from Ulloor Junction to Kuzhivila pursuant to a Section 4(1) notice which was published on 15.5.2003. The Land Acquisition Officer awarded land value at the rate of Rs.98,681/- per Are which was enhanced by the reference court to Rs.2 lakhs per Are. It is brought to our notice by the learned Government Pleader that enhancement at the rates granted under the impugned judgment for identical properties covered by the very same Section 4(1) notification for the same purpose has been approved by this Court in other cases (including L.A.A.No.12/08). Under the above circumstances, we are of the view that this appeal is liable to be dismissed in limine. We dismiss the appeal in limine. PIUS C.KURIAKOSE, JUDGE. M.C.HARI RANI, JUDGE. dsn PIUS C.KURIAKOSE & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.A.NO.34 OF 2009 IN L.A.A.No. 27 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF JANUARY, 2009 O R D E R PIUS C.KURIAKOSE, J. The delay is only of 103 days. We are inclined to condone the delay even without issuing notice to the respondents, since we find that we will be able to dispose of the appeal itself in favour of the respondents immediately. PIUS C.KURIAKOSE, JUDGE. M.C.HARI RANI, JUDGE. dsn