IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 LA.App..No. 485 of 2009() ------------------------- (LAR NO. 110/2005 OF SUB COURT, KOTTAYAM) APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT ----------------------- SHYLAJA, VALIAVEETTILAYA PUTHENPURACKAL, KOTHANALLUR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.485 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal pertains to acquisition of land in Kothanallur village pursuant to a notification under Section 4(1) published on 01/10/2002 for the purpose of MVIP. The land acquisition officer awarded land value at the rate of Rs.9554/- per Are. The reference court relying mainly on Ext.A1 judgment in LAR.No. 139/05 would enhance the land value by Rs. 9554/- per Are. The learned Subordinate Judge noticed that the properties involved in Ext.A1 were properties in category 3, while properties involved in the present case were properties in category 2 and hence superior. However, noticing that 75% increase had been granted by the same court under Ext.A1, what the learned Sub Judge did was to grant 75% increase for the properties in this case also. According to us, the approach of the learned Subordinate Judge cannot be said to be unreasonable. The only question to be verified is whether Ext.A1 has attained finality. LAA.No.485/09 2 The Registry reports to us that Ext.A1 has become final in the sense that no appeal was preferred against Ext.A1 by the Government. Under the above circumstances, we do not find any reason for entertaining this appeal. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.485/09 2