IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 LA.App..No. 686 of 2010() ------------------------- LAR.168/2007 of SUB COURT,NEYYATTINKARA .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------- 1. CHERIAN THOMAS, ETTUTHARAYIL, PERINGALA, KAYAMKULAM. 2. SOUTHERN RAILWAY, REP.BY ITS EXECUTIVE ENGINEER (CONSTRUCTION- DOUBLING), KAYAMKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 686 OF 2010 ------------------------ Dated this the 2nd day of July, 2010 JUDGMENT Pius C.Kuriakose, J. Even though the submission of Sri.Basant Balaji, learned senior Government Pleader that the impugned judgment of the Court below is not supported by any acceptable evidence is correct, we are not inclined to entertain this appeal. This is because the property was in Kayamkulam village, which is within the municipal area of the Kayamkulam town. Notification was published on 6/10/2004. The enhancement granted is only below cent percent over what was awarded by the Land Acquisition Officer. We, take into account the judgments of this Court in various other cases pertaining to acquisition for Railways more or less at the same time in the neighbouring villages wherein this Court has approved enhancement granted by the reference court at rates ranging from 200 to 250% above what was awarded. We take into account the other judgments pertaining to acquisition for other requisitioning authorities, conclude that at any rate the market value refixed under the LAA.No.686/2010 2 impugned judgment is not excessive. Accordingly, this appeal will stand dismissed. No cost. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk