IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 LA.App..No. 433 of 2008() ------------------------- ( LAR.NO.37/04 OF ADDL. SUB COURT, PAYYANNUR) APPELLANT(S): APPELLANT/RESPONDENT ----------------------- STATE OF KERALA REP. BY THE SPECIAL TAHSILDR, LA, THALASSERY BY GOVT. PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- MUNDAYATTUVEETTIL JANAKI D/O.LATE CHEEYYAYI, KANKOL AMSOM ALAKKATT DESOM, TALIPARAMBA TALUK. ADV. SRI.DINESH R.SHENOY FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.433 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. We are not inclined to entertain this appeal which is directed against the award of the reference court in a reference under Section 28 A (3). It is obvious that the judgment relied on by the claimant/respondent in his application under Section 28 A was a relevant judgment in respect of the same Section 4(1) notification . We find that the property under acquisition was in fact superior to the property covered by the judgment relied on. Therefore the government cannot have any legitimate grievance regarding the impugned judgment under which the claimant has been awarded only lesser amount than what was legitimately due to him. The appeal will stand dismissed inlimine. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv.