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 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 LA.App..No. 171 of 2004 (C) -------------------------------- LAR.17/1999 of SUB COURT, NEDUMANGAD .................... APPELLANT(S): RESPONDENT: --------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS: ---------------------------------- 1. REV.SAMUEL GILBERT, ANANKONATHU MELE PUTHEN VEEDU, VALICODE, NEDUMANGAD VILLAGE. 2. ABRAHAM SAMUEL, S/O. SAMUEL GILBERT OF DO. DO. ADV. SRI.B.RAGUNATHAN FOR R1 SRI.G.S.MOHANDAS FOR R1 SRI.V.V.MATHEW FOR R1 SRI.R.SRINATH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2009, ALONG WITH LAA NO.261 OF 2004,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. Nos.171 & 261 of 2004 ------------------------------------------------ Dated this the 16th day of September, 2009 JUDGMENT Pius C. Kuriakose, J Smt.Latha T. Thankappan, the learned Senior Government Pleader and Sri.B.Raghunathan, the learned counsel for the respondents/claimants have addressed us in detail. We have been taken extensively through the impugned judgment. We are of the view that the learned Subordinate Judge was justified in placing reliance on Ext.A6. We notice that the full value revealed in Ext.A6 was not granted. What has been granted is only 70% of the value revealed in Ext.A6. The Commissioner's Report as well as the oral evidence given by the party to Ext.A6 L. A. A. Nos.171 & 261 of 2004 -2- established that the properties were comparable. Having gone through the impugned judgment, we are of the view that it is more or less the correct market value of the property at the relevant time which has been arrived at under the impugned judgment. We do not find any warrant for interference. Both the appeals will stand dismissed confirming the judgments passed by the Reference Court. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-