IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No. 1145 of 2007 ----------------------------------- L.A.R.NO.7/2000 OF SUB COURT, MANJERI. .................... APPELLANT/ RESPONDENT IN THE L.A.R: ------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. BY SR. GOVERNMENT PLEADER MR. P.K. BABU. RESPONDENT/ CLAIMANT IN THE L.A.R: ---------------------------------------------------------- NIRMALA MOHAN, SREEVILAS, SANGEETHA ROAD, PERINTHALMANNA. BY MR.U.K.RAMAKRISHNAN, SENIOR ADVOCATE, ADV. MR.DEVIDAS.U.K. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. L.A. APP. NO. 1145/2007: ORDER ON I.A. NO.2924/2007 IN L.A. APP. NO. 1145/2007 DISMISSED SD/- PIUS C.KURIAKOSE, JUDGE, 23/09/2009. SD/- K. SURENDRA MOHAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.1145 of 2007 ------------------------------------------- Dated this the 23rd day of September, 2009 JUDGMENT Pius C.Kuriakose,J. The lands under acquisition in this case were included in category-D by the Land Acquisition Officer. 2. We set aside the judgment and decree under appeal and remand the LAR to the reference court for deciding whether the lands were enjoying frontage of any road. If the enquiry reveals that the property was enjoying road frontage, the learned subordinate judge will include the property in category-c and award land value of Rs.26,730/-. If the enquiry reveals that the property was not enjoying road frontage, the land will be retained in category-D and the reference court will award land value at the rate of Rs.21,384/-, in the light of the findings entered by this Court in connected matters. The award passed by the learned subordinate judge towards injurious affection is confirmed. The appeal is allowed. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/