IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 LA.App..No. 1580 of 2007(D) --------------------------- LAR.139/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT: RESPONDENT IN LAR ---------------------------- STATE OF KERALA REP. BY SPECIAL TAHSILDAR (LA) KANNUR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANTS IN LAR ----------------------------- 1. K.SANTY BENCHAMEN,S/O.K.EDWARD, R.B.HOUSE,ELAYAVOOR SOUTH, P.O. MUNDAYAD KANNUR (DIED) 2. MOLVIN GLADYS,W/O. LATE K.SANTY BENCHAMAN, AGED 39 YEARS, RESIDING IN DHARMAPURAI HOUSING COLONY,THOTTADA AMSOM DESOM. BY ADV. SRI.C.P.PEETHAMBARAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. No.1580 of 2007 ---------------------------------------------- Dated 19th August, 2008. J U D G M E N T Kurian Joseph, J. C.M.Application No.1939/07 : Delay condoned. The appeal is directed against the judgment and decree in LAR 139/01 on the file of the Sub Court, Thalassery. The acquisition is for the purpose of Chovva-Nadal bye pass road. Section 4(1) notification was issued on 1.1.1997. The reference court fixed the land value at Rs.6,000/- per cent. It is seen that such fixation is made on the basis of the finding that the acquired property is near to the S.N.College, Kannur, Government Polytechnic, Industrial Training Institute, Bazar etc. It has also come out in evidence that the property is about 100 meters near to Kannur-Thalassery National Highway road. The distance from Thazhe Chovva town to the acquired property is only 150 meters. Kannur town is also very near. The reference court has observed in the judgment that these factual aspects are not disputed by the respondent/appellant. There is also no evidence for the respondent whereas the locational advantages have been proved by the claimants through their evidence as well as the evidence LAA NO.1580/07 2 of the Advocate Commissioner. The fixation of land value thus made by the reference court being based on undisputed evidence available on record, we find that there is no merit in the appeal. It is accordingly dismissed. I.A.No.4135/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. No.1580 of 2007 ---------------------------------------------- J U D G M E N T Dated 19th August, 2008.