IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 795 of 2008() ------------------------- LAR.86/2000 of SUB COURT, MANJERI .................... APPELLANT(S): RESPONDENT: ------------------------- DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS: ------------------------- 1. ADHIKARAKUNNATH RUGMINI AMMA (DIED), W/O.KORANGAT BALAKRISHNAN NAIR, P.O.PUTHUR, KOTTAKKAL, MALAPPURAM. 2. PREMALATHA, D/O.A.K.RUGMINI AMMA, VRUNDAVANAM, PUTHOOR P.O., OTHUKKUNGAL VILLAGE, TIRURANGADI TALUK. 3. VATHSALA, D/O.A.K.RUGMINI AMMA, VRUNDAVANAM, PUTHOOR P.O., OTHUKKUNGAL VILLAGE, TIRURANGADI TALUK. 4. PRASANA, D/O.A.K.RUGMINI AMMA, VRUNDAVANAM, PUTHOOR P.O., OTHUKKUNGAL VILLAGE, TIRURANGADI TALUK. 5. BALAKRISHNAN NAIR, H/O.A.K.RUGMINI AMMA, VRUNDAVANAM, PUTHOOR P.O., OTHUKKUNGAL VILLAGE, TIRURANGADI TALUK. ADV. SRI.K.RAMACHANDRAN (NO MEMO) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.795 OF 2008 ------------------------ Dated this the 17h day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal preferred by the Government. The acquisition was pursuant to Section 4(1) notification published on 1-2-1994. The property was in Malappuram village and within the limits of the Malappuram Municipal town. The land acquisition officer awarded land value at the rate of Rs.5,837/- per cent. The reference court under the impugned judgment, on the basis of the evidence which came on record, refixed the land value at Rs.10,000/- per cent. 2. Having gone through the impugned judgment and having heard the submissions of Smt.Latha T.Thankappan, learned senior Government Pleader for the appellant and those of Sri. K.Ramachandran, learned counsel, who has taken notice on behalf of the respondent claimant, we are of the view that the enhancement granted by the reference court cannot be said to be excessive. Findings of the learned Subordinate Judge is justified on the basis of the evidence which is actually available on record. LAA.No.795/2008 2 According to us, there is no warrant for interference at the instance of the Government. The appeal will stand dismissed. No costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk