IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 LA.App..No. 53 of 2008() ------------------------ LAR.79/2004 of PRL. SUB COURT,KOTTAYAM .................... APPLICANTS/APPELLANTS/RESPONDENTS: ---------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENTS: CLAIMANT/RESPONDENT IN THE LAR: -------------------------------------------- SCARIAH, S/O. AVIRAH, PUTHUSSERIL, KARUMALLOOR, KANAKARY VILLAGE. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. 93/08 IN LAA. NO. 53/08 DISMISSED 3-7-08 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.53 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd July, 2008 JUDGMENT This appeal pertains to acquisition of 1.30 ares of land in Kanakary village in Kottayam District for the purposes of M.V.I.P. pursuant to a notification dated 20.8.2002. The land acquisition officer fixed land value at the rate of Rs.2325/- per Are. The evidence before the reference court consisted mainly of Ext.A1 judgment relating to acquisition for the same purpose but pursuant to a notification under Section 4(1) which had been issued seven months prior to the subject acquisition. Having gone through the judgment of the reference court, I am of the view that the learned Subordinate Judge has kept in mind all relevant aspects and has adopted a very reasonable approach in the matter of determining the market value of the property as on the date of Section 4(1) notification. Reliance placed by the learned Subordinate Judge on Ext.A1 was justified. I am informed by the Registry that Ext.A1 which is the judgment of the reference court in LAR No.163/03 (wrongly mentioned in the appendix as LAR No.105/03) has become final in the sense that the Government did not prefer any appeal. No useful purpose will be LAA No.53/08 - 2 - served from the Government's point of view by admitting this appeal. The appeal therefore will stand dismissed in limine. srd PIUS C.KURIAKOSE, JUDGE