IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 LA.App..No. 939 of 2009(D) -------------------------- LAR.10/2006 of SUB COURT, NEDUMANGAD .................... APPELLANT(S): RESPONDENTS: -------------------------- 1. STATE OF KERALA 2. THE EXECUTIVE ENGINEER, KSTP, PULAMON, KOTTARAKKARA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT: -------------------------------- V.SURESH, S/O.VELAPPAN NAIR, SANTHI NIKETHAN, KOLIYAKODE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.939 of 2009 ------------------------------------------------ Dated this the 25th day of August, 2009 JUDGMENT Pius C. Kuriakose, J We are not inclined to entertain this appeal which pertains to acquisition of land in Kozhikode village for the purpose of K.S.T.P upgradation of Kottarakkara Thykkode State Highway. The relevant Section 4(1) notification was published on 21/12/2003. The Land Acquisition Officer awarded land value at the rate of Rs.18509/- per Are. The Reference Court re-fixed the same at Rs.55,525.60/- per Are. On going through the impugned judgment, it is seen that the re-fixed rate is the rate which was granted by the Government to those claimants (owners of the properties of land in L. A. A. No.939 of 2009 -2- the same village taken over for the same purpose) whose land had been acquired for the KSTP scheme. In other words, by awarding at the rate of Rs.55,525.60/- per Are to the respondent what the learned Subordinate Judge did is to bring forth a parity between the values awarded to the owners of the similar properties in the same village acquired for the same purpose. The approach of the learned Subordinate Judge in our opinion was justified. We do not find any warrant for interference. The appeal will stand dismissed. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-