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. 1440 of 2009(D) --------------------------- LAR.81/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): -------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, KOCHI682 018, REP. BY ITS DIRECTOR (NOW OFFICE HOUSE NO.1/631/A KANDIKADU AREA, MARADU P.O., KOCHI-04. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): --------------- 1. UNNIKRISHNAN, KODIYIL VEEDU, NEENDAKARA KOLLAM. 2. SAJITHA , KODIYIL VEEDU, NEENDAKARA, KOLLAM. 3. RATNAMMA, KODIYIL VEEDU, NEENDAKARA, KOLLAM. 4. SREERAKHI,KODIYIL VEEDU, NEENDAKARA, KOLLAM. 5. SREERAKH, KODIYIL VEEDU, NEENDAKARA, KOLLAM, 6. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOLLAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1440 of 2009 D ``````````````````````````````````````````````````````` Dated this the 25th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal is by the requisitioning authority. The property under acquisition was situated in Neendakara village of Kollad district. We notice that the percentage of enhancement granted by the learned Sub Judge is only 35%. Having gone through the impugned judgment, we are of the view that the approach of the learned Sub Judge was quite reasonable and that the enhancement granted is by all standards excessive. Hence, this appeal is dismissed. However, we make it clear that in case the claimants prefer an appeal, it will be open to the appellant to defend that appeal on all available grounds, including the grounds raised in this appeal. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (K.SURENDRA MOHAN, JUDGE) aks // True Copy // P.A. To Judge