IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 LA.App..No. 1739 of 2007(D) --------------------------- LAR.190/2003 of SUB COURT, CHERTHALA .................... APPELLANT: RESPONDENTS ---------------------- STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA) INDUSTRIAL GROWTH CENTRE, CHERTHALA BY GOVERNMENT PLEADER RESPONDENTS: CLAIMANT --------------------- 1. JAYAKUMAR,S/O. DIVAKARA PANICKER EDAKUNATHU THEKKEVELI,PALLIPPURAM. 2. THE MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI FOR R2 SRI.SIJU RAJAN FOR R2 SRI.G.D.PANICKER FOR R1 SMT.JEENA JOSEPH FOR R1 GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4579 OF 2007 IN L.A.A.NO.1739 OF 2007 DISMISSED 26-06-2008 Sd/-, PIUS.C.KURIAKOSE, JUDGE /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 1739 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2008 JUDGMENT This appeal pertains to acquisition of land in Pallipuram village pursuant to a notification under Section 4(1) on 24-01-1997 for the establishment of Industrial Growth Centre at Pallipuram for the KSIDC. The land acquisition officer had awarded land value at the rate of Rs. 7,876/- to all properties which he had included in category No.3. The reference court under the impugned judgment refixed the land value at Rs. 17,290/- per are relying on Ext.A1 sale deed and the other evidence in the case including the oral evidence of AW1, the claimant. 2. Smt.Jeena Joseph , learned counsel for the first respondent who was permitted to make submissions brings to my notice the judgment of this court in L.A.A. No. 705/2006 and connected cases which were all cases pertaining to acquisition under the very same Section 4(1) notification of properties in the same village for the same purpose. Smt.Jeena Joseph submitted that the properties involved in those appeals also had been included in category No. 3 by the land LAA.No.1739/07 2 acquisition officer and awarded land value at the rate of Rs. 7876/-. Learned counsel submits that in those cases the reference court has refixed the land value as Rs. 17,297/- per are and this court in the judgment in the appeals approved such refixation. The judgment of this court has become final since the special leave petition filed against this judgment was dismissed by the Supreme Court. The submission of Smt.Jeena Joseph regarding the finality attained in the judgment is not seriously disputed. It is seen from the impugned judgment and the judgment in L.A.A. No.705/2006 that both these properties were included in category No.3 and were covered by the very same notification for the very same purpose. Under the above circumstances, I am of the view that there is no justification at all for admitting this appeal where interestingly the land value refixed by the court is Rs. 17,290/- i.e. Rs. 7 per are less than the value awarded to the parties in L.A.A.No.705/2006. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.1739/07 2