IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 LA.App..No. 1798 of 2008(D) --------------------------------------- LAR.121/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT/RESPONDENT: -------------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER MR.BENNY VARGHESE. RESPONDENTS/CLAIMANTS:- ----------------------------------------- 1. YOHANNAN PAPPY, VANCHIKALAYIL, ERATHU MURI, VENMONEY VILLAGE (DIED). 2. MARIYAMMA, W/O YOHANNAN PAPPY, VANCHIKALAYIL, ERATHU MURI, VENMONEY VILLAGE. 3. SARAMMA SAMUEL, VALUPARAMBIL, CHUNAKKARA MURI, CHUNAKKARA VILLAGE. 4. MATHEW V.P., S/O. YOHANNAN PAPPY, VANCHIKALAYIL ERATHU MURI, VENMONEY VILLAGE. 5. BABU V.P., S/O YOHANNAN PAPPY, VANCHIKALAYIL, ERATHU MURI, VENMONEY VILLAGE. 6. GEORGEKUTTY, S/O YOHANNAN PAPPY, VANCHIKALAYIL, ERATHU MURI, VENMONEY VILLAGE. 7. GRACY THOMAS KUTTY, NEDUNGATTUTHEKKETHIL, VETTIYAR MURI,VETTIYAR VILLAGE. 8. SALI SAMU, CHARIVUKALAYIL, MANTHARA, PUNALOOR. R2 TO R8 BY ADV. MR.R.PADMAKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 1798 of 2008(D) ORDER ON I.A. NO.4088/2008 IN L.A.A. NO.1798/2008. DISMISSED 25/09/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = L.A.A. NO. 1798 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Subordinate Judge, Mavelikkara in LAR 121/01. The area having an extent of 0.65 Ares of land comprised in Sy.No.412/17 was acquired. There was a reference made under the provisions of the Land Acquisition Act and ultimately after trial, the court below enhanced the land value at the rate of Rs.17,164/- with the other entitlements under the Act. It is against that decision the State has come up in appeal. There was a relied upon judgment, Ext.A2 against which an appeal was preferred as LAR 1638/08. The Division Bench of this court considered the materials available therein and confirmed the award of the Subordinate Judge in that case. Or in other words the relied upon judgment has become final. When the relied upon judgment has become final then there is no scope of interference with L.A.A. 1798 OF 2008 -:2:- the award passed by the trial court in this case as well. Therefore the appeal lacks merit and the same is dismissed but without costs. M.N. KRISHNAN, JUDGE. ul/-