IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 LA.App..No. 1534 of 2009(C) -------------------------------- LAR.304/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT: -------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S)/CLAIMANT: -------------------------------- 1. SUSEELAN, S/O. KRISHNAN, TC 30/815, PUTHOORAM VEEDU PETTAH, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.D.AJITHKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1534 of 2009 ------------------------------------------------ Dated this the 10th day of February, 2011 JUDGMENT Pius C. Kuriakose, J It is submitted by Smt.T.T.Josephina, the learned Government Pleader as well as Sri.Ajith Kumar, the learned counsel for the claimant that the issue raised by the Government in this appeal is covered in favour of the Government by judgment of this Court in L.A.A.1973/08, a copy of which is placed before us. Relying on the above judgment, we allow the appeal to the extent of re-fixing the market value of the land under acquisition at Rs.14 lakhs per Are. It is needless to mention that the claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the compensation re-fixed as above. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- -2-