IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 LA.App..No. 267 of 2007() ------------------------- LAR.109/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): APPLICANTS/APPELLANTS/RESPONDENTS ----------------------------------------------- 1. SPL.TAHSILDAR,LA(NH),KANNUR . 2. THE MANAGING DIRECTOR, ROADS AND BRIDGES DEVELOPMENT CORPORATION, ERNAKULAM BY GOVERNMENT PLEADER SRI. BENNY VARGHESE RESPONDENT(S): RESPONDENTS/RESPONDENTS/CLAIMANTS ------------------------------------------------ 1. PUTHALAM KUNNATH PARVATHI , D/O.KUNHIRAMAN, KARAYI HOUSE, MUZHAPPILANGAD AMSOM, DESOM P.O., MUZHAPPILANGAD , KANNUR DISTRICT (DIED). 2. P.K.HYMAVATHI, D/O.PARVATHI, 54 YEARS, MUZHAPPILANGAD AMSOM, DESOM. 3. P.K.SASIDHARAN, S/O.PRVATHI, 52 YEARS, MUZHAPPILANGAD AMSOM, DESOM. 4. P.K.KOMALAM, D/O.PARVATHI, 48 YEARS, MUZHAPPILANGAD AMSOM, DESOM. 5. P.K.RAVEENDRAN,D/O.PARVATHI, 46 YEARS, MUZHAPPILANGAD AMSOM, DESOM. 6. P.K.SARITHA, D/O.PARVATHI, 40 YEARS, MUZHAPPILANGAD AMSOM, DESOM. 7. P.K.PRAKASAN,S/O.PARVATHI, 38 YEARS, MUZHAPPILANGAD AMSOM, DESOM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... L.A.A.No.267 OF 2007 ............................................. Dated this the 19th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in LAR.No.109/2003. An area of land having an extent of 0.0047 hectares of land in Muzhappilangad village was acquired. The Land Acquisition Officer fixed the land value which was enhanced to Rs.17,500/= by the Land Acquisition Court. The Land Acquisition Court relied upon the judgments in LAR.Nos.27/2003 and 36/2003. In para 15 of the award it is clearly stated that the properties involved in these two cases which is relied on is similar and similarly situated and therefore, the land value of Rs.17,500/= per cent has to be granted. The Land Acquisition Court in para-16 held that the acquired land in this case is also situated near the lands involved in Exts.A1 and A2. The award under Ext.A1 i.e, the award in LAR.No.27/2003 was the subject matter of an appeal before a Division Bench of this Court in LAA.No.74/2008. After an exhaustive consideration of the materials, the Division Bench held that the land value fixed : 2 : L.A.A.No.267 OF 2007 is proper and negatived the claim of the Government. So, the relied on judgment has become final and therefore, I cannot find fault with the Land Acquisition Court for fixing the land value at Rs.17,500/= per cent. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.267 OF 2007