IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 RP.No. 723 of 2009() -------------------- ( AGAINST THE JUDGMENT IN L.AA.NO.5/2002 OF SUB COURT, KOTTAYAM) REVIEW PETITIONER(S): APPELLANT ------------------------------- SUBBARAYAN CHAKRAPANI EMBRAN, S/O.SUBBARAYAN EMBRAN, PUTHEN MADOM, KUNNAPPILLY KARA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP.BY DISTRICT COLLECTOR, KOTTAYAM. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - R.P.NO.723 OF 2009 IN L.A.A.No. 926 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009 ORDER Pius.C.Kuriakose, J. Having regard to the submissions of Sri.A.T.Anil Kumar, learned counsel for the review petitioner and those of Sri.Basant Balaji, learned senior Government Pleader, this application for review will stand allowed to the following extent : Our judgment to the extent it refixes the value of land in category 3 will stand reviewed and the market value of land in category 3 will stand refixed at Rs. 9,000/- per cent. So also, wherever the words “ categories 1 and 2” are used, they will stand substituted by “categories 2 and 3”. The learned counsel for the review petitioner urged further that he should have been awarded land value for a further extent of 4.04 Ares which was treated by the land acquisition authorities as Purampoke, but claimed by the petitioner as his own. No arguments were addressed regarding this claim when the appeal was heard. Even RP.No.723/2009 2 if, arguments were addressed, it is doubtful whether we could have entertained the arguments since the finding of the learned Subordinate Judge regarding this claim appears to be correct. PIUS C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. RP.No.723/2009 2