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 8TH APRIL 2009 / 18TH CHAITHRA 1931 LA.App..No. 491 of 2007() ------------------------- LAR.130/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DIST. COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT/2ND RESPONDENT -------------------------------------- 1. HUBERT JOHN MIRANDA, VIJA COTTAGE, THEKKEVILA, PALLIPPURAM, KAZHAKUTTOM. 2. F.MUHAMMED RAFI, THOPPIL VEEDU, ALINERA MURI, AYROOPARA VILLAGE, KAZHAKKUTTOM. 3. ELECTRONICS TECHNO PARK, KERALA, KARIAVATTOM P.O., TRIVANDRUM REP. BY ITS CHIEF EXECUTIVE OFFICER. ADV. SRI.P.A.AHAMMED FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.491 OF 2007 ------------------------ Dated this the 8th day of April, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Kazhakuttom- Menamkulam Village for the purpose of Electronics Techno Park pursuant to notification under Section 4 (1) published on 5/4/1994. The land acquisition officer included this property in category No.8 and awarded land value at the rate of Rs.14,874/- per Are. Before the reference court, the evidence consisted of Exts.A1 to A3, AWs 1 to 3 and witnesses BW1, CW1 and CW2 and Ext.XW-1. Apart from that, there was commission reports Exts.C1 and C2 and on the side of the Government there was Exts.R1 to R5. The learned Sub Judge on an evaluation of the evidence concluded that the correct market value to be fixed for the property under acquisition is Rs.24,710/-. 2. Having gone through the evidence including the note to award, we are of the view that refixation of the market value has L.A.A..No.491/2007 2 been done correctly by the learned Subordinate Judge. We do not find any warrant for interfering with the impugned judgment. The appeal will stand dismissed. No costs. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk