IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 LA.App..No. 1683 of 2007() ------------------------------------- LAR.176/1986 of ADDL.SUB COURT,KOLLAM .................... APPELLANTS/ADDITIONAL CLAIMANTS 3, 5 AND 6 ------------------------------------------------------------------------ 1. SUSHAMA DEVI AMMA, NALLOOR PUTHEN VEEDU, KANJIRACODE, MULAVANA P.O., KOLLAM. 2. KRISHNAKUMAR, NALLOOR PUTHEN VEEDU, KANJIRACODE, MULAVANA P.O., KOLLAM. 3. HARIKUMAR, NALLOOR PUTHEN VEEDU, KANJIRACODE, MULAVANA P.O., KOLLAM. BY ADV. MR.P.B.SURESH KUMAR MR.LEO GEORGE RESPONDENTS/ RESPONDENT/ADDL.CLAIMANTS 4, 7 AND 8 AND REQUISTION AUTHORITY ---------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. 2. VIJAYAKUMAR, NALLOOR PUTHEN VEEDU, KANJIRACODE, MULAVANA P.O., KOLLAM. 3. SUDHARMA DEVI, MARUTHU AMSOM HOUSE, MUKKADA, KUNDARA P.O., KOLLAM. 4. SUDHINAMMA, CHEPPALLILVILA, PUNAKKANDOOR, ALUMMOODU P.O., KOLLAM. 5. KERALA CERAMICS LTD., KUNDARA. R1 BY SR. GOVERNMENT PLEADER MR.BENNY VARGHESE R5 BY ADV. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. LA.App..No. 1683 of 2007 ORDER ON I.A. NO.4405/2007 IN L.A.A. NO.1683/2007 DISMISSED 04/12/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 1683 OF 2007 = = = = = = = = = = = = = = = Dated this the 4th day of December, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Kollam in LAR 176/86. An area of 6.48 Ares of land comprised in S.No.3694/2 of Mulavana village was acquired for the purpose of Kerala Ceramics Ltd. Kundara. The land value fixed by the Land Acquisition officer was Rs.494/- and the Land Acquisition Court initially on reference enhanced the land value to Rs.2,000/- per cent. The respondent preferred an appeal before this Court and it was allowed and remanded to the trial court for fresh consideration. I had perused the judgment meticulously and the solitary document which is seen marked in this case as Ext.A1 is a certified copy of the judgment in LAR 356/88. So far as the present property is concerned the Land Acquisition Court has held that the property in the present case and the property in Ext.A1 are adjacent plots and are similar and L.A.A. 1683 OF 2007 -2- similarly situated. As per Ext.A1 the land value was fixed at Rs.1,112 per cent which was relied upon by the Land Acquisition Court and orders were passed accordingly. This is the document which is produced by the claimant in order to substantiate his contention. That document has been accepted in toto by the Land Acquisition Court. Then where is the question of any grievance arise thereafte. The land acquisition case has started way back from 1996 and there must be a finality to the litigation. Since no other document is produced and the relied upon document is relating to a property similar and similarly situated and though the present acquisition was earlier to Ext.A1 the Land Acquisition Court passed an award fixing the amount under Ext.A1. I do not find any error committed by the Land Acquisition Court. Learned counsel for the appellant would submit that he is intending to and he wants to produce some more documents in support of his contentions. After a long period of 23 years I do not want to grant him any time and if it is done it will be L.A.A. 1683 OF 2007 -3- committing violation to the legislative intention under Order 41 Rule 27 of the Code of Civil Procedure. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-