IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 LA.App..No. 646 of 2002() ------------------------- LAR.542/1997 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT/RESPONDENT: ----------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SRI P.K. BABU RESPONDENTS/CLAIMANTS: ------------------------------------ 1. SICILY, W/O. ITTEERA PAULO, MANKAI HOUSE, KALADY. 2. GRACY, D/O. ITTEERA PAULO, MANKAI HOUSE, KALADY. 3. AVARACHAN, S/O. ITTEERA PAULO, MANKAI HOUSE, KALADY. 4. PAULOSE, S/O. ITTEERA PAULO, MANKAI HOUSE, KALADY. 5. JOSE, S/O. ITTEERA PAULO, MANKAI HOUSE, KALADY. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 646 of 2002 --------------------------------------------- Dated: JUNE 4, 2009 JUDGMENT Pius C. Kuriakose, J. The respondents have been served with notice and there is no appearance for them. Probably the entire decree debt has already been paid to them since there was no stay from this Court against the execution proceedings. 2. This appeal by the Government pertains to acquisition of land in Kalady village for the purposes of the Sanskrit University. The relevant sec.4(1) notification was published on 20.9.1993. The land acquisition officer awarded land value at the rate of Rs.2469/- per Are. The Reference Court relying mainly on Ext.A1 judgment of the same court in LAR 550/1997 would grant an enhancement of Rs.2469/- per Are. Ext.A1 was admittedly a case pertaining to acquisition for the same purpose and pursuant to the same notification and the land acquisition officer has L.A.A. 646 of 2002 2 treated Ext.A1 property similar to the acquired property for the purpose of land value. According to us the learned Subordinate Judge was justified in relying on Ext.A1. It is reported to us that Ext.A1 has attained finality. Under these circumstances there is no reason for interfering with the impugned judgment. This appeal will stand dismissed. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/- L.A.A. 646 of 2002 3