IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 LA.App..No. 1275 of 2008() -------------------------- LAR.21/1995 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: ----------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BASANTH BALAJI RESPONDENTS: ------------- 1. G.THANKAPPAN PILLAI, SREEVILASATHU VEEDU, MAYYANADU CHERRY, MAYYANADU. 2. SUBHADRA AMMA, W/O.THANKAPPAN PILAI, DO.DO. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2849/2008 IN L.A.A. NO.1275/2008 DISMISSED 29.7.2008 SD/-PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 1275 of 2008 ---------------------------------- Dated this the 29th day of July , 2008 JUDGMENT Mr.Basant Balaji, learned Senior Government Pleader has addressed me extensively on the grounds raised in the appeal memorandum. It is seen that the learned Subordinate Judge placed reliance on Ext.A2 judgment in LAR No.123/93. Ext.A2 was in a case relating to acquisition for the same purpose, but pursuant to a notification which was 9 months after the relevant Section 4(1) notification in this case which is dated 29.2.1992. The learned Judge noticed that while in LAR No.21/95 the awarding officer granted Rs.9537/- per Are for the acquired properties, even 9 months thereafter in Ext.A2 case the awarding officer granted only Rs.6059/- per Are. I also feel that the court below was justified in thinking that, even according to the awarding officer the acquired property was superior. The only question which arises now is whether Ext.A2 judgment has attained finality. L.A.A. No.1275/2008 2 The Registry reports that Ext.A2 has attained finality in the sense that nobody has preferred appeal against Ext.A2. Under these circumstances, I do not find any warrant for interfering with the judgment under appeal. The appeal fails and the same will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE dpk