IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 LA.App..No. 911 of 2009() ------------------------------ LAR.38/1999 of ADDL.SUB COURT,NORTH PARAVUR .................... APPELLANT(S): 2ND RESPONDENT ---------------------------------------- THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. BY ADVS. SRI.ALAN PAPALI SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY SMT.DHANYA P.ASHOKAN RESPONDENT(S): IST RESPONDENT & CLAIMANT --------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. VAREED VARKEY, PUTHUVA HOUSE, KINDANGOOR. R1 BY GOVT.PLEADER SMT. LATHA T. THANKAPPAN R2 BY ADV. SMT.ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.911 of 2009 ---------------------------------------------------- Dated this the 2nd day of June, 2011 Judgment Pius C.Kuriakose, J. The requisitioning authority, Sree Sankaracharya University of Sanskrit is in appeal. The property under acquisition was included in category No.2. Under the impugned judgment, the learned Subordinate Judge awarded 100% increase over what was awarded by the Land Acquisition Officer. Even though several attractive grounds have been raised in this appeal and the learned counsel for the appellant addressed serious arguments based on those grounds, we do not find any justification for interference. We notice that under the judgment of this court in LAA No.998/2010 under which this court has approved refixation of the value of properties involved in category No.1 acquired for the same purpose, pursuant to the same notification, at 185% over what was awarded by the Land Acquisition Officer. We also notice that under the same judgment, the value of properties included in category No.3 was approved at the rate of 89% above LAA 911/09 2 the value. In the present case, the properties are included in category No.2 where the learned Subordinate Judge granted 100% increase over what was awarded by the Land Acquisition Officer. Therefore, according to us, there is no warrant for interference. The appeal will stand dismissed, however, without any order as to costs. 2. Both sides very fairly bring to our notice that a mistake has crept in clause 2 of the decretal portion of the judgment. Therefore, we delete clause 2 of the decreetal portion of the judgment. We further notice that the same mistake has been carried over in the decree also. Therefore, we delete clause 2 of the decree also. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 911/09 3 LAA 911/09 4