IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 LA.App..No. 412 of 2005(C) -------------------------- LAR.137/1998 of SUB COURT,THALASSERY .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR LA,THALASSERY BY GOVERNMENT PLEADER MR.SHYSON P.MANGUZHA RESPONDENT: CLAIMANT --------------------- M.K.SREELATHA THAPASYA, MOOZHIKKARA P.O. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1261 OF 2005 IN LAA NO.412 OF 2005 DISMISSED 17.7.2008 SD/- PIUS C.KURIAKOSE, JUDE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.412 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th July, 2008 JUDGMENT I do not find any warrant for interfering with the judgment of the reference court in this appeal preferred by the Government against the award of the reference court in LAR No.137/98 on the files of the Sub Court, Thalassery. The case pertains to acquisition of 0.40 ares of land in Kodiyeri Village pursuant to a notification under Section 4(1) for the establishment of Cancer Hospital near Thalassery. The land acquisition officer awarded roughly Rs.4,000/- per cent towards the land value and the same was enhanced by the reference court to Rs.5500/- per cent. The ground which is seriously raised by the Government in the appeal is that enhancement was given by the reference court without any evidence from the side of the claimant to support the same. True, the claimant-respondent in this case has not adduced any evidence. But it is seen on a reading of the judgment the learned Subordinate Judge had invoked the provisions of Order XIII Rule 10 C.P.C. and considered judgments passed by him in other cases pertaining to the very same acquisition. The appeal fails and the same will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -