IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 LA.APP..NO. 271 OF 2010() ------------------------- {LAR.323/2005 OF SUB COURT, PATHANAMTHITTA} .................... APPELLANT(S): RESPONDENT --------------------------------- 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR,PATHANAMTHITTA. 2. THE EXECUTIVE ENGINEER,K.S.T.P, KOTTARAKKARA DIVISION. BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. IDICHERIA JOY,THONDALIL J.C.T.BUNGLOW, VELLANKULANGARA, ADOOR. 2. SOSAMMA,THONDALIL J.C.T.BUNGLOW, VELLANKULANGARA, ADOOR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------ L.A.A.No.271 of 2010 ----------------------------------------------- Dated this the 19th day of March, 2010 JUDGMENT PIUS C. KURIAKOSE , J. The State is in appeal. On going through the impugned judgment, we find that it was relying on the judgment in L.A.R.No.312/05 that the learned Subordinate Judge refixed the value of the land. It is fairly conceded by the learned Government Pleader Smt.Latha Thankappan that Ext.A1 was passed on the basis of the settlement arrived at between the parties in that case and acquisitioning authority. It is not disputed that Ext.A1 was an identical property. We find that the land involved in Ext.A1 was a reclaimed land while the land involved in this appeal is dry land. That is why the learned Sub Judge fixed a value higher than what was given in Ext.A1, we are of the opinion that the approach was quite reasonable. L.A.A.No.271 of 2010 :: 2 :: There is no warrant for interference with the said judgment at the instance of the State. Appeal is hence dismissed in limine. Sd/- (PIUS C. KURIAKOSE) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy// P.S. to Judge.