IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 LA.App..No.173 of 2010 --------------------------- LAR.181/2007 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA REP.BY THE SPL.TAHSILDAR (LA),RAILWAYS,ERNAKULAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS ---------------------------------- 1. SHAJAHAN,C/O.P.C.JOHNY,VENGATTU HOUSE, THANNIKKAL,CC 69/1716,ELAMAKKARA,COCHIN-26. 2. SHAKEELA,W/O.KUNJABDULLA,EENGOLI, KARTHIKAPPILLY.PO,VILLIAPPALLY (VIA)KOZHIKODE. 3. THE DEPUTY CHIEF ENGINEER,RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.173 of 2010 ------------------------------------------------ Dated this the 5th day of March, 2010 JUDGMENT Pius C. Kuriakose, J We are not inclined to entertain this appeal though Smt.Latha T. Thankappan, the learned senior Government Pleader has addressed very strenuous arguments before us. The acquisition of land was in Poonithura village pursuant to section 4(1) notification published on 01/02/07. The Land Acquisition Officer awarded land value at the rate of Rs.2,63,699/- per Are. The Reference Court on evaluating the evidence which came on record, re- fixed the land value at Rs.5,53,480/- per Are. L. A. A. No.173 of 2010 -2- 2. Having gone through the impugned judgment and having taken into account the fact that the properties are situated not far away from Vyttila junction which is one of the most important road junctions in the state, we are of the view that the market value re-fixed by the court below cannot be said to be excessive. At any rate, there is no warrant for interference at the instance of the Government or the Requisitioning Authority. 3. The appeal will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-