IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 LA.App..No. 2455 of 2008() -------------------------- LAR.224/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): -------------- SPECIAL TAHSILDAR(LA), KOZHIKODE. BY GOVERNMENT PLEADER BENNY VARGHESE RESPONDENT(S): --------------- 1. PADMINI, THEKKEYIL, CHEVAYOOR AMSOM DESOM KOZHIKODE TALUK. 2. JAYAKRISHNAN, THEKKEYIL, CHEVAYOOR AMSOM DESOM, KOZHIKODE TALUK. 3. SAJITHA, THEKKEYIL, CHEVAYOOR AMSOM DESOM KOZHIKODE TALUK. 4. AJITHAKUMARI, THEKKEYIL, CHEVAYOOR AMSOM DESOM, KOZHIKODE TALUK. 5. RAJITHAKUMARI, THEKKEYIL, CHEVAYOOR AMSOM DESOM, KOZHIKODE TALUK. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A. 2455/2008 ORDER ON I.A. 5519/08 IN L.A.A.2455/08 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 5.1.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- L.A.A.No. 2455 OF 2008 --------------------------------- Dated this the 5th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Subordinate Judge, Kozhikode in L.A.R. 224/01. An extent of 0.0073 hectors of garden land comprised in R.S. No. 102/20 situated in Chevayur village was acquired and compensation was awarded and it is against that decision a reference was preferred and the reference court fixed compensation at Rs. 40,000/- per cent and allowed the Land Acquisition Reference accordingly. It is against that decision the State has come up in appeal. 2. A perusal of the award would reveal that the acquired land is situated near a School, Bazar and also very near to Govt. Law College, Hospital etc. A Commissioner was appointed in the matter and he had submitted a report estimating the value per cent at Rs. 60,000/-. Ext. A1 is a document relied upon wherein the value of the land was shown as Rs. 40,000/- per cent. The court below on analysis of the materials did not find in favour of accepting the Commissioner's report in toto but took into consideration the land L.A.A. 2455/2008 -2- value at Rs. 40,000/- per cent placing reliance on Ext. A1. The court below has considered the materials properly and awarded the compensation and that does not call for any interference. Needless to say that this shall not be cited as a binding precedent in other cases. With these observations the L.A.A. is dismissed. M.N. KRISHNAN,JUDGE vkm