IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 LA.App..No. 65 of 2009() ------------------------ LAR.91/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), (GENERAL) SREEKANTESWARAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 IN LAR ------------------------------------------------- 1. V.VELAYUDHAN, PANDIT BUILDINGS, UNIVERSITY CONTONMENT P.O., THIRUVANANTHAPURAM. 2. V.RAM MOHAN, PANDIT BUILDINGS, UNIVERSITY CONTONMENT P.O., THIRUVANANTHAPURAM. 3. R.MOHANAMBIKA, PANDIT BUILDINGS, UNIVERSITY CONTONMENT P.O. THIRUVANANTHAPURAM. (V.VELAYUDHAN ON HIS OWN BEHALF AND ON BEHALF OF HIS BROTHER V.RAMMOHAN & SISTER MR.MOHANMBIKA AS POWER OF ATTORNEY HOLDER). 4. DR.V.S.SIVAMOHAN, AGED 69, TC 27/2769, INCLYDINE, VELLAYAMBALAM, KAWDIAR, THIRUVANANTHAPURAM. 5. S.DINESH, AGED 26, TC 27/2769, RESIDING AT INCLYDINE, VELLAYAMBALAM, KAWDIAR, THIRUVANANTHAPURAM. 6. EXECUTIVE ENGINEER, WATHER AUTHORITY. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. ------------------------ L.A.A.No.65 OF 2009 ------------------------ Dated this the 23rd day of January, 2009 JUDGMENT Pius C.Kuriakose, J. We do not find any warrant for interfering with the judgment, which is impugned in this appeal. The appeal pertains to acquisition of land in Kowdiar Village for the purpose of laying sewerage lines for the Kerala Water Authority. The relevant Section 4(1) notification was published on 19/10/1994. The land acquisition officer awarded land value at the rate of Rs.46,236/- per Are. The evidence before the reference court consisted mainly of Ext.A1 copy of the judgment in L.A.R.251/1997 and the oral testimony of the claimant AW1. The reference court did not place reliance on Ext.A1 on the reason that Ext.A1 has been set aside by this court in appeal. The evidence of AW1 was to the effect that the acquired property was situated close to the Raj Bhavan, Nirmala Bhavan High School, Devaswam Board Office, Kawadiar Palace, etc. It was also stated that the property has potentiality for development. The counter L.A.A..No.65/2009 2 evidence on the side of the Government consisted of oral testimony of RW1 and Exts.R1 to R6 viz. basis document and documents pertaining to the acquisition file. 2. Having carefully gone through the judgment under appeal and having considered the submissions of the learned Government Pleader, we are of the view that it is more or less the correct market value of the land at the relevant time, which has been arrived at by the learned Sub Judge. The findings are reasonable and are founded on evidence. Under the above circumstances, we do not find any warrant for entertaining this appeal. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE M.C.HARI RANI, JUDGE dpk