IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 LA.App..No. 794 of 2009() ------------------------- LAR.112/2003 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENTS ------------------------ STATE OF KERALA REP BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS --------------- VARKEY PATHROSE, CHORAKASSERIL, KURUMULLOOR, KANAKKARY VILLAGE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.794 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. Even though some of the grounds raised in the memorandum of appeal are attractive and Sri.Basant Balaji, learned senior Government Pleader addressed us on all those grounds, we do not find any justification for entertaining this appeal. The property was in Kanakkari village and the acquisition was for the purpose of MVIP Branch Canal. The relevant Section 4(1) notification was published on 2-1-2002. The land acquisition officer awarded land value at the rate of Rs.9425/- per Are. The reference court under the impugned judgment refixed the same at Rs. 16,022.80 per Are. Having gone through the impugned judgment, we find that the findings of the learned Subordinate Judge regarding the market value is based on legal evidence which was available on record. Having regard to the importance of the locality, we also feel that it is more or less the correct market value of the property at the relevant time which has been LAA.No.794/09 2 arrived at by the learned Subordinate Judge. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.794/09 2