High Court Kerala High Court

Komath Raveendran vs Special Tahsildar on 14 July, 2010

Kerala High Court
Komath Raveendran vs Special Tahsildar on 14 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 772 of 2010()


1. KOMATH RAVEENDRAN , S/O.KORAN,
                      ...  Petitioner

                        Vs



1.  SPECIAL TAHSILDAR, KANNUR AIR PORT,
                       ...       Respondent

                For Petitioner  :SRI.K.V.PAVITHRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :14/07/2010

 O R D E R
         PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                    L.A.A.No. 772 OF 2010
                      ------------------------

              Dated this the 14th day of July, 2010

                           JUDGMENT

Pius C.Kuriakose, J.

As directed by us, Smt.Latha T.Thankappan, learned senior

Government Pleader has taken notice for the respondent. We

have heard the submissions of Sri.K.V.Pavithran, learned counsel

for the appellant and those of the Government Pleader. We have

gone through the impugned judgment. We notice our own

judgment in L.A.A. No. 1634 of 2008, under which we have

refixed the value of land acquired for the same purpose pursuant

to the same notification for which the Land Acquisition Officer had

granted value at the rate of Rs.682/- per cent, at Rs.3,000/- per

cent. We do not find any reason as to why the refixation, which

have done under the judgment in L.A.A. No.1634/2008, should

not be extended in this case.

Hence we allow this appeal to the extent of refixing the

market value of land under acquisition at Rs.3,000/- per cent.

The appellant will be entitled for all statutory benefits admissible

under Section 23(2), 23(1A) and Section 28 of the Act on the

L.A.A. .No.772/2010. 2

total enhanced compensation to which he becomes eligible by

virtue of this judgment. The Registry will issue decree copy to

the appellant only upon ensuring that the entire balance court fee

is remitted.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
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