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 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 LA.App..No. 1072 of 2009() -------------------------- LAR.47/2004 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA (ADDITIONAL TAHSILDAR, SULTHAN BATHERY AND LAND ACQUISITION OFFICER, KARAPUZHA IRRIGATION PROJECT) REP.BY THE DISTRICT COLLECTOR, WAYANAD. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS: ------------------------- MURALEEDHARAN, S/O.KRISHNAN ACHARI, PLACHEIR VEEDU, NELLANACHAL P.O. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1072 OF 2009 ------------------------ Dated this the 9thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. We are not inclined to entertain this appeal though the learned senior Government Pleader Sri.Basant Balaji has addressed us strenuously. The acquisition was of property in Wayanad District for the purpose of Karapuzha Irrigation Project. Land value method as well as capitalisation of income were adopted for determining the value of different portion of the property under acquisition. As per the land value method the enhancement is from Rs.600/- per cent to Rs.900/- per cent. Having gone through the impugned judgment, we are of the view that it is the correct value which has been arrived at by the learned Subordinate Judge. 2. As for the method of capitalization of income, we do notice that the submission of the learned Government Pleader is supported by the judgment of the Supreme Court. But, the property was in Wayanad District and a Division Bench of this court has held that there is justification for adopting multiplier of LAA.No.1072/2009 2 12 for properties in Wayanad District, particularly coffee and pepper plantations, since the land is very fertile and the cultivation yields considerably. Moreover, we also notice that the total stakes involved in this appeal is not much. For all these reasons, this appeal will stand dismissed. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk