IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 LA.App..No. 1423 of 2007() -------------------------- LAR.1/2002 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): APPELLANTS/RESPONDENTS ------------------------------------ 1. STATE OF KERALA(SPL. TAHSILDAR), LA, NH 11, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. BY GOVERNMENT PLEADER SRI. P.K.BABU RESPONDENT(S): CLAIMANT/RESPONDENT IN THE LAR --------------------------------------------- 1. DHANALAKSHMI, NADUKUNNUMMAL HOUSE, P.O.MALAPARAMBA. 2. RAJANI.P, NADUKUNNUMMAL HOUSE, P.O.MALAPARAMBA. 3. RADHIKA.P, NADUKUNNUMMAL HOUSE, P.O.MALAPARAMBA. 4. RENUKA.P, NADUKUNNUMMAL HOUSE, P.O.MALAPARAMBA. 5. DEVAYANI AMMA, W/O GOPALAN NAIR, KIZHAKKEDATHU HOUSE, VENGERI. 6. PRADEEP KUMAR, S/O GOPALAN NAIR, KIZHAKKEDATHU HOUSE, VENGERI AMSOM, NEDUNGOTTOOR DESOM. 7. GEETHA, D/O GOPALAN NAIR, KIZHAKKEDATHU HOUSE, VENGERI AMSOM, NEDUNGOTTOOR DESOM. 8. MANGALA, D/O GOPALAN NAIR, KIZHAKKEDATHU HOUSE, VENGERI AMSOM, NEDUNGOTTOOR DESOM. 9. AJAY KUMAR, S/O GOPALAN NAIR, KIZHAKKEDATHU HOUSE, VENGERI AMSOM, NEDUNGOTTOOR DESOM. ADV. SRI.P.K.RAMKUMAR FOR R.1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 1423 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2009 JUDGMENT Pius.C.Kuriakose, J. Copies of the common judgment in a large number of land acquisition cases including L.A.A.No.424/03 is placed before us. It is seen that under that common judgment, this court noticed that land value had been fixed at the rate of Rs.60,000/- per cent for wet lands in Chevayur village and this court by judgment in L.A.A.No. 774/06 had approved that land value. This court has observed that the properties in Vengeri village is either equally important or more important than the properties in Chevayur village. The learned Government Pleader submits that a review petition seeking review of the judgment in L.A.A.No.774/06 has been admitted by this court. But it is fairly conceded that the Government has not so far sought review of the common judgment in L.A.A.No.424/03 and connected cases. Having gone through the judgment impugned in this appeal also, we feel that it is more or less the correct market value of the property at LAA.No.1423/07 2 the relevant time which has been arrived at by the learned Sub Judge. Importantly, there was no counter evidence at all on the side of the appellant government to the evidence adduced by the claimants. For all these reasons, this appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE M.C.HARI RANI JUDGE sv. LAA.No.1423/07 2