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 21ST MAY 2009 / 31ST VAISAKHA 1931 LA.App..No. 431 of 2009() ------------------------- (LAR.149/2001 of PRINCIPAL SUB COURT,ATTINGAL ) .................... APPELLANT(S): RESPONDENT NO.1: ------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ATTINGAL. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2: ------------------------------------------- 1. R.SISUPALAN, AATHIKKAVILA VEEDU, CHERUNNIYOOR, CHIRAYINKEEZHU. 2. G.SANTHAKUMARI, W/O.SISUPALAN, AATHIKKAVILA VEEDU, CHERUNNIYOOR, CHIRAYINKEEZHU. 3. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION, SOUTHERN RAILWAYS, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.431 OF 2009 ------------------------ Dated this the 21st day of May, 2009 JUDGMENT Pius C.Kuriakose, J. Even though Sri.P.K.Babu, learned senior Government Pleader would address us strenuously on the basis of the various grounds raised in the memorandum of appeal, having gone through the impugned judgment, we are of the view that the finding of the learned Subordinate Judge regarding the correct market value of the property at the relevant time is founded on evidence which is available on record. Ext.A1 was the document relied on by the learned Subordinate Judge. Ext.A1 was executed atleast two years prior to the section 4(1) notification. Ext.A1 property was comparable to the acquired property in the sense that Ext.A1 property was also situated by the side of the railway line in the same village. It is seen that the learned Subordinate Judge did not award the value actually reflected in Ext.A1, but awarded only a slightly lesser amount. In our view there is no warrant for interfering with the enhancement presently granted, which is from Rs.46,384/- per Are to Rs.61,750/- per Are. It L.A.A..No.431/2009 2 should be noted that the property is situated near Varkala in Cherunniyoor village, which is certainly an important area having regard to the importance of Varkala town as a tourist destination. The appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk