IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 LA.App..No. 1186 of 2009(B) ------------------------------- LAR.86/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR,IDUKKI. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ---------------------------------- REMA,W/O.SURENDRAN,PUTHIYEDATHU, MANAKKAD. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1186 of 2009 ------------------------------------------------ Dated this the 9th day of October, 2009 JUDGMENT Pius C. Kuriakose, J We do not find ground to entertain this appeal. The property was in Manakadu village coming within the area of Thodupuzha Municipal town. The relevant Section 4(1) notification was published on 12/06/02. The Land Acquisition Officer awarded land value at the rate of Rs.17,561/- per Are which was re-fixed by the Reference Court under the impugned judgment at Rs.57,734/- per Are. 2. Having regard to the decision of this Court in State of Kerala v. Jose Simon [2009(1) KLT 760] and the views we have taken in other cases pertaining to acquisition of land within the area of Thodupuzha Municipal Town, more or less at the same time, we do L. A. A. No.1186 of 2009 -2- not find any warrant for interference. This appeal will stand dismissed in limine. No costs. 3. Sri.Basant Balaji, the learned senior Government Pleader submits that certain mistakes have crept into the impugned judgment while mentioning the dates for the purpose of calculation of the benefit under Section 23(1A). If mistakes are there, it is open to the appellant/Government to move the court below under Sections 152 and 153 of the Civil Procedure Code and this judgment does not preclude the appellant's right in that regard. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-