IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 LA.App..No. 608 of 2011() ------------------------- LAR.57/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- DR.R.RADHAKRISHNAN, SIVA BHAVAN ARA 32 ATHANI LANE, VANCHIYOOR, THIRUVANANTHAPURAM REPRRESENTED BY HIS POWER OF ATTORNEY HOLDER R.GANESH, T.C. 1/1162-1 GANAPATHI THOPPIL NAGAR, HOUSE NO. 48, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM 695005. 2. THE SECRETARY, TRIDA THIRUVANANTHAPURAM 695003. BY GOVT.PLEADER SMT.ROSE MICHEAL. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 608 OF 2011 ------------------------ Dated this the 4th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. Smt.M.Hemalatha learned counsel for the appellant/claimant submits that the facts pertaining to this appeal are exactly identical into facts in L.A.A. No. 585/2011. We accept her submission. 2. Having regard to the further submissions addressed by Smt.Hemalatha and the submissions of Smt.Rose Michael learned Government Pleader, we are of the view that the issue raised by the claimant/appellant in this appeal is covered in favour of the appellant by the judgment of this court in L.A.A. No.585/2011. We allow this appeal and refix the value of land under acquisition- land in Kowdiar village of Thiruvananthapauram Taluk acquired for the purpose of widening of Kowdiar - Pattom main road pursuant to Section 4 (1) notification published on 16/9/2004, at Rs.19,76,800/- per Are. L.A.A..No.608/2011 2 3. The appellant will be entitled for all statutory benefits also. However, while provision is made in the decree for interest under Section 28, the Section will have due regard to the conditions imposed by us in our order in C.M.Appln. No.1341/2011. The appeal is allowed however without any order as to costs. It is clarified that the appellant will be eligible for the cost awarded by the Reference Court. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk