IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 LA.App..No. 1586 of 2008() -------------------------- LAR.265/1993 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/ RESPONDENT --------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENTS/CLAIMANTS ---------------------- 1. ALIUMMA KUNJU, W/O.YUNUS KUNJU, P.V.THEKKUM MURI, THODIYOOR. 2. YUNUS KUNJU, S/O.MUHAMMED KUNJU, P.V.THEKKUM MURI, THODIYOOR. 3. ABDUL SAMMAD, S/O.MUHAMMED KUNJU, P.V.THEKKUM MURI, THODIYOOR. 4. BIATHU KUNJU, D/O.MYTHEEN KUNJU, PUTHENPARAMBIL, P.V.THEKKUM MURI, THODIYOOR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1586 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the September, 2008 JUDGMENT In this appeal by the Government pertaining to acquisition of 1.72 Ares of land in Thodiyoor village for the doubling of railway track between Kollam-Kayamkulam pursuant to a notification under section 4(1) dated 11/6/1990. The land acquisition officer awarded land value at the rate of Rs. 4038/- per Are. The court relying mainly on Ext.A1 judgment of the Kollam Sub court in L.A.R.No.284/93 refixed the land value at the rate of Rs.10431.80 per Are. It is seen from the judgment that Ext.A1 pertains to acquisition for the very same purpose and pursuant to the very same notification. The learned Judge noticed that for Ext.A1 property land acquisition officer awarded slightly higher land value than the land value awarded to the properties in this case. On that basis, what the learned Judge did was to make a proportionate deduction on the enhanced land value given under Ext.A1 and to refix land value at Rs. 10431.80 per Are. Having heard the submissions of the learned Government Pleader LAA.No.1586/08 2 and having gone through the judgment, I am of the view that the learned Judge was justified in relying on Ext.A1. The only question is whether Ext.A1 has attained finality. Registry reports that Ext.A1 has attained finality in the sense that no appeal has been preferred against Ext.A1. In view of the finality attained by Ext.A1, the appeal will stand dismissed inlimine. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.1586/08 2