IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 LA.App..No. 366 of 2010 --------------------------------- LAR.437/2007 of II ADDL.SUB COURT,TRIVANDRUM ......................................................................................... APPELLANT / RESPONDENT NO.1 IN LAR : -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SRI. C.R.SHYAMKUMAR RESPONDENTS / CLAIMANTS AND RESPONDENT NO.2 IN LAR : -------------------------------------------------------------------------------------------- * (1. SURESH, T.C.15/1885, VANROSS JUNCTION, THYCAUD, THIRUVANANTHAPURAM.) (DIED) (DELETED). * THE 1ST RESPONDENT DIED AND IS DELETED FROM THE PARTY ARRAY VIDE JUDGMENT DATED 16.11.2011 IN LAA. 2. AMBIKA SURESH, T.C.15/1885, VANROSS JUNCTION, THYCAUD, THIRUVANANTHAPURAM. 3. GAURAV SURESH, T.C.15/1885, VANROSS JUNCTION, THYCAUD, THIRUVANANTHAPURAM. 4. RAHUL SURESH, T.C.15/1885, VANROSS JUNCTION, THYCAUD, THIRUVANANTHAPURAM. 5. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADVS. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R5 SRI.LAL GEORGE FOR R2,R3 &R4 SMT.M.J.INDUJA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No.366 of 2010 -------------------------------------------------- Dated this the 16th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The 1st respondent being a dead person is deleted from the party array of respondents in the I.A. The land acquisition appeal is no longer defective. It was fairly conceded before us by the learned counsel for the claimant that the issue raised by the Government in this appeal which pertains to acquisition of land in Vanchiyoor village for the purpose of widening of Vanross-Oottukuzhi Secretariat Road for TRIDA is covered in favour of the Government by the judgment of this Court in L.A.A No.617/2010. We have gone through a copy of the judgment. We are convinced that the judgment covers the issue in favour of the Government. Following that judgment we allow this appeal and refix the market value for the land under acquisition as Rs.17 lakhs per are. The appeal is allowed. The claimant is entitled to all statutory benefits on the refixed compensation. The parities will suffer their respective costs. PIUS C. KURIAKOSE JUDGE K.HARILAL ab JUDGE 2 ab