IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 LA.App..No.461 of 2010 --------------------------- LAR.6/2008 of SUB COURT, KASARAGOD .................... APPELLANT(S)/RESPONDENTS: ---------------------------------- 1. THE SPECIAL TAHSILDAR,(LA),KASARAGOD 2. THE DISTRICT COLLECTOR, KASARAGOD. 3. THE EXECUTIVE ENGINEER, P.W.D.ROADS KASARAGOD. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S)/CLAIMANTS: --------------------------------- 1. VASUDEVA NALLURAYA,S/O.U.RAMA NALLURAYA PAIVALIKE VILLAGE,KASARAGOD TALUK. 2. THE MANAGER, SYNDICATE BANK, PAIVALIKE BRANCH. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.461 of 2010 ------------------------------------------------ Dated this the 2nd day of June, 2010 JUDGMENT Pius C. Kuriakose, J Even though several attractive grounds have been raised in this appeal and Smt.Latha T. Thankappan, the learned Senior Government Pleader addressed arguments on the basis of those grounds, having scanned the impugned judgment, we are of the view that it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. However, as rightly submitted by the learned Government Pleader, the court below has committed one mistake. The court below relied on the oral evidence of AW1 for L. A. A. No.461 of 2010 -2- the purpose of awarding interest under Section 28. The claimant's oral evidence was that he was dispossessed on January, 2002 itself. This is an aspect which is capable of documentary evidence. The documentary evidence produced by the Government before the court below clearly reveals that possession was actually taken only on 15/12/06. Hence, we are modifying the impugned judgment to the limited extent of clarifying that statutory interest under Section 28 will be admissible only from 15/12/06. The appeal is disposed of as above. No costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-