IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 LA.App..No. 439 of 2011(D) ------------------------------- LAR.97/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------------- DILIP GEORGE VARGHESE, RESIDING AT THALAKKOTTE HOUSE, KURAVANKONAM, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 001. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 SR. GOVT. PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.439 of 2011 ------------------------------------------------ Dated this the 2nd day of November, 2011 JUDGMENT Pius C. Kuriakose, J Having regard to the grounds raised and the rival submissions addressed by Sri.J.Harikumar, the learned counsel for the appellant and Sri.C.R.Shyamkumar, the learned senior Government Pleader, we are convinced that the issue raised by the claimant in this appeal is covered in their favour to a considerable extent by our own judgment in L.A.A.452/11. Following that judgment, we allow this appeal and re-fix the market value of the land in question - lands situated in Kowdiar village acquired for the purpose of widening of Pattom - Kowdiar Road pursuant to Section 4(1) notification published on 16/09/04 at ` 22 lakhs per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the L. A. A. No.439 of 2011 -2- Land Acquisition Act. No. costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-