IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 LA.App..No. 817 of 2008(D) -------------------------- LAR.203/1990 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENTS: CLAIMANT. ---------------------- 1. GOVINDA PILLAI BHASKARAN PILLAI, SREEKRISHNA VILASAM, KURUMANNACHERI, THRIKOVILVATTOM. 2. SANTHAMMA AMMA, SHEEJA BHAVAN, MUKATHALA, THRIKOVILVATTOM. 3. SANTHAMMA AMMA SHEEJA, SHEEJA BHAVAN, MUKATHALA, THRIKOVILVATTOM. 4. BHASKARAN PILLAI SHAJI, SHEEJA BHAVAN, MUKATHALA, THRIKOVILVATTOM. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.817 of 2008 & C.M.Appln.No.917 of 2008 ----------------------------------------- Dated this the 21st day of May, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.917 of 2008: This is a petition to condone the delay of 1175 days in filing the appeal. It is stated in the affidavit that the judgment was pronounced on 21-8-2004 but the application for certified copy was filed on 31-3-2006 and the copies are collected on 29- 5-2006. It is also seen that the District Collector accorded sanction to file the appeal only on 21-8-2006. The records were received in the Advocate General's office on 18-9-2006. But there is not even a whisper regarding the delay thereafter till the filing of the appeal dated 6-2-2008. All that apart, on merits it is seen that the acquisition is pursuant to the notification dated 24-8-1988 and the extent involved is only 5.30 Ares and the enhancement is also below 100%. For all the above reasons we do not find any merit in the appeal as well. Accordingly the application for condonation of delay and the appeal are dismissed. I.A.No.1887/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.817 of 2008 & C.M.Appln.No.917 of 2008 ---------------------------- JUDGMENT 21st May, 2008