High Court Kerala High Court

State Of Kerala vs G.Kumari Thankam on 30 July, 2010

Kerala High Court
State Of Kerala vs G.Kumari Thankam on 30 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1973 of 2008()


1. STATE OF KERALA, REP. BY THE DISTRICT
                      ...  Petitioner
2. SECRETARY, TRIDA,

                        Vs



1. G.KUMARI THANKAM ,TC.31/545, SREE
                       ...       Respondent

2. SECRETARY, TRIDA,THIRUVANANTHAPURAM

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.K.A.JALEEL, SC., TRIDA

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :30/07/2010

 O R D E R
     PIUS C. KURIAKOSE & M.L.JOSEPH FRANCIS JJ.,
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                            L.A.A. No. 1973 of 2008
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                  Dated this the 30th day of July, 2010.

                                  JUDGMENT

Pius C. Kuriakose J.,

The issue raised in this appeal filed by the Government is

covered in favour of the Government by our common judgment in

L.A.A. No. 2413 of 2008 series, delivered today.

2. In view of that judgment, we allow this appeal and refix

the market value of the land at Rs.14 lakhs per Are.

3. The Appeal is allowed as above. The claimants will be

entitled for statutory benefits admissible under Sections 23(2), 23

(1A) and 28 of the Land Acquisition Act. It is clarified that the

statutory interest under Section 28 at the rate of 9% during the first

year is payable only from the date of dispossession. Parties are

directed to suffer their respective costs in this appeal.

PIUS C. KURIAKOSE, JUDGE

M. L. JOSEPH FRANCIS, JUDGE

dl/