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High Court of KeralaLA.App./40/2012dismissed

State v. Thankayyan

2015-02-25Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 LA.App..No. 40 of 2012 () -------------------------- AGAINST THE JUDGMENT IN LAR 60/2008 of SUB COURT,NEYYATTINKARA DATED 15-09-2010 APPELLANT/RESPONDENT IN LAR:

------------------------------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

BY GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENTS/CLAIMANT IN LAR:

------------------------------------------------------------

1. THANKAYYAN THUNDUVILA THEKARIKU VEEDU, MULLOOR.P.O THIRUVANANTHAPURAM, PIN-695001.

2. LALITHA, W/O.THANKAYYAN, THUNDUVILA THEKARIKU VEEDU MULLOOR.P.O, THIRUVANANTHAPURAM-695001.

R1 BY ADV. SRI.K.MOHANAKANNAN BY ADV. SMT.D.S.THUSHARA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.40 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the State aggrieved by the judgment in L.A.R.No.60/2008 of the Sub Court, Neyyattinkara. The acquisition was for the construction of bye-pass from Mukkola-Kanjiramkulam Reach I and the notification under Section 4(1) was published on 5.1.2005. The land value has been awarded by the land acquisition officer @ `64,610/- per Are which has been enhanced by 2 1⁄2 times by the reference court.

3.

We heard the learned Senior Government Pleader for the State and the learned counsel for the claimant. 4.

The reference court relied upon Ext.A1, copy of the judgment in L.A.R.No.17/2007, which relates to the very same acquisition. Therein, the notification under Section 4(1) was on 5.1.2005 and the reference court relied upon the same for enhancing the

LAA No.40/2012 land value. Therein also, value was enhanced 2 1⁄2 times than the value fixed by the land acquisition officer. It is informed that no appeal has been filed against the said judgment and it has become final. Since the relied upon judgment has become final, there is no reason to interfere with the present judgment also. Accordingly, the appeal is dismissed.

T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.

LAA No.40/2012