IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 LA.App..No. 1272 of 2007() -------------------------- LAR.139/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT : RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL SR. GOVERNMENT PLEADER SRI BASANT BALAJI RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ------------------------------------------ 1. P.THULASEEDHARAN, PANKAJA VILASOM, THEKKUMBHAGAM MURI, KAZHAKKUTTOM. 2. S.PUSHPAKUMARI, PANKAJA VILASOM, THEKKUMBHAGOM MURI, KAZHAKKUTTOM. 3. ELECTRONICS TECHNOLOGY PARK (KERALA), KARIAVATTOM P.O., THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 1272 of 2007 --------------------------------------------- Dated: MAY 29, 2009 JUDGMENT Pius C. Kuriakose, J. We do not find any reason to admit this appeal filed by the Government. The acquisition was for the purpose of Technopark and the relevant sec.4(1) notification was published on 13.1.1995. The land acquisition officer awarded land value at the rate of Rs.15,750/- per Are. Before the Rent Control Court the claimants produced evidence mainly Ext.A1 judgment in LAR 159/1998 of the same court and Commission Report Ext.C1 and Plan Ext.C1(a). There was oral evidence only on the side of the claimant. The court below did not become inclined to accept any of the documents including Ext.A1 produced by the claimant. However, ultimately what the court below did was to rely on the oral evidence of AW.1, to which there was no counter evidence L.A.A. 1272 of 2007 2 and grant enhancement of 25% applying the rule of thumb. 2. Having considered the impugned judgment, we feel that the approach of the learned Sub Judge was not unreasonable. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-