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 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 LA.App..No. 402 of 2008() ------------------------- LAR.22/2001 OF SUB COURT, THALASSERY APPELLANT(S): 1ST RESPONDENT IN LAR; ------------------------------------ STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KANNUR. BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT & 2ND RESPONDENT IN LAR: ------------------------------------------------ 1. KANOTH PADMALATHA, W/O.DR.V.BHARATHAN, SANTHOSH NURSING HOME, THALASSERY. 2. MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R2 SRI.K.V.PAVITHRAN FOR R1 SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 402 of 2008 A ``````````````````````````````````````````````````````` Dated this the 25th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal arises out of acquisition of land in Eranholi village at a distance of 3 Km. from Thalassery town. The properties were enjoying the direct frontage of the Thalassery – Mysore road, a State Highway. The relevant Section 4(1) notification was published on 13-04-1998. The Land Acquisition Officer awarded land value at the rate of Rs.4,140/- per cent for the wet land and Rs.5,007/- per cent for the dry land. Under the impugned judgment, the learned Sub Judge has refixed the land value uniformly at Rs.8,000/- per cent. Having gone through the impugned judgment, we are of the view that the approach of the learned Sub Judge was quite reasonable. The Commission deputed by the court had reported regarding the importance of the locality. According to us, it is more or less the correct market value of the acquired property at the relevant time, which was fixed LAA.402/08 : 2 : by the reference court under the impugned judgment. Hence, there is no warrant for interference. The appeal stands dismissed. No costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks