IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 LA.App..No. 889 of 2010(B) -------------------------------------- [LAR.NO.77/2008 OF III ADDITIONAL SUB COURT, ERNAKULAM] .................... APPELLANTS/RESPONDENTS: -------------------------------------------- 1. STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR(LA)NH, KAKKANAD, 2. THE EXECUTIVE ENGINEER, NH(B) DIVISION, KODUNGALLUR. BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER SRI. V.T.K.MOHANAN. RESPONDENTS/CLAIMANTS: ------------------------------------------ 1. JOSEPH, S/O.LATE ANTONY THACHUTHARA(H), KALOOR DESOM, ELAMKULAM VILLAGE,P.A.HOLDER OF THRESSIA (DIED), W/O.ANTONY THACHUTHARA, KALOOR DESOM, ELAMKULAM VILLAGE, PIN – 682 020. 2. GEORGE@ JOHN, S/O.LATE ANTONY,AGED 58, RESIDING AT THACHUTHARA(H), BTS ROAD, EDAPPALLY, KANAYANNOOR TALUK, KOCHI-24. 3. GEORGE, S/O.LATE ANTONY, AGED 56, RESIDING AT THACHUTHARA(H), KEERTHI NAGAR, BTS ROAD, EDAPPALLY, KANAYANNOOR TALUK, KOCHI-24. 4. XAVIER, S/O.LATE ANTONY, AGED 56, THACHUTHARA(H), CHEMBUMUKKU, THRIKKAKARA, KAKKANAD,KOCHI-21. 5. ANTONY, S/O.LATE ANTONY, AGED 47, THACHUTHARA(H), KAYAPPILLY LANE, NEAR ST.GEORGE CHURCHU, ELAMAKKARA, KOCHI-26. L.A.A. NO.889/2010-B: 6. T.A.BABY SEBASTIAN, S/O.LATE ANTONY, AGED 46, RESIDING AT THACHUTHRA(H), AZAD ROAD, VYLOPPILLY LANE, VATTAPPARAMBU(WEST),KALOOR – 682 020. 7. ROSY GEORGE, S/O.GEORGE, AGED 60, MANAYIL(H), GOLDEN STREET, VADUTHALA, COCHIN-23. 8. MARIYA GEORGE@ METTY, D/O.LATE ANTONY, AGED 44,.KOTTAPPURATH(H), MARADU P.O,THRIPPUNITHURA. 9. JOSEPH,S/O.LATE ANTONY, THACHUTHARA(H) KALOOR DESOM, ELAMKULAM VILLAGE. R2 TO R6 & R8 BY ADVS. SRI.A.BALAGOPALAN, SRI.A.RAJAGOPALAN, SRI.C.MURALI, SRI.M.S.IMTHIYAZ AHAMMED, SRI.K.SANEESH KUMAR, R7 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR), SRI.GEORGE VARGHESE KIZHAKKAMBALAM, R9 BY ADVS. SRI.P.J.MATHEW, SRI.K.B.ARUNKUMAR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 889 of 2010 --------------------------------- Dated this the 26th day of August, 2011 JUDGMENT Pius C.Kuriakose ,J. We are not inclined to entertain this appeal. The property was in Edappally North Village. The acquisition was for the purpose of development of National Highway 17. The Land Acquisition Officer awarded land value at the rate of Rs.2,33,700/- per Are. The Reference court on evaluating the evidence adduced by the claimant granted an enhancement of 73% over what was granted by the LAO. We notice several other judgments of this court pertaining to the acquisition of land in the same village pursuant to the same notification approving enhancement at the above or more rates. We are of the view that there is no warrant for interference. The appeal is dismissed. No costs. PIUS C. KURIAKOSE,JUDGE pmn/ C.K.ABDUL REHIM,JUDGE 2