IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 LA.App..No. 2216 of 2008(D) --------------------------- LAR.88/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT/RESPONDENT NO.1 ----------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SHRI MOHAMMED ANZAR RESPONDENT(S)/CLAIMANTS AND RESPONDENT NO.2: ------------------------------------------------------------ 1. VISWAM, AYIRATH, KIZHAKKUM MURI CHEPPAD. 2. REMANAN, AYIRATH KIZHAKKUM MURI, CHEPPAD 3. DEPUTY GENERAL MANAGER, NTPC LTD., KAYAMKULAM PROJECT PO., CHOOLATHERUVA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ................................................. L.A.A. No. 2216 OF 2008 & C.M. APPLICATION NO. 2268 OF 2008 ................................................... Dated this the 25th November, 2008 J U D G M E N T Kurian Joseph, J: C.M.Appl.No.2268 of 2008 is the application for condonation of the delay in filing the appeal. The acquisition is for the National Thermal Power Corporation. It is brought to our notice that the requisitioning authority has pursued the matter in appeals. Therefore, the State need not file a statutory appeal. It will be open to the State to take all available contentions in the appeals filed by the requisitioning authority. Reserving that liberty to the appellant-State, the application for condonation of the delay in filing the appeal is dismissed. Consequent on the dismissal of the application for condonation of delay in filing the appeal, the appeal is also dismissed. I.A.No. 4954 of 2008, the Interlocutory application for stay in the appeal is also dismissed. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk