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 21ST OCTOBER 2009 / 29TH ASWINA 1931 LA.App..No. 1582 of 2007(A) -------------------------------- LAR.19/2002 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): IST RESPONDENT ------------------------------------- THE SPECIAL TAHSILDAR, (LA) GURUVAYUR DEVASWOM GURUVAYUR. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS & 2NS RESPONDENT --------------------------------------------------------- 1. T.K.DEVASSY,S/O.KURIAKKU, THARAKAN HOUSE, GURUVAYUR (DIED) 2. T.D.KOCHUOUSEPH,S/O.KURIAKKU THARAKAN HOUSE ,P.O. IRINGAPRAM. 3. T.D.KOCHAMMA,W/O.N.M.VARGHESE D/O.T.K.DEVASSY, NEELAMKAVIL HOUSE MAMMIYUR P.O.GURUVAYUR. 4. T.D.MANGAMMA,D/O.T.K.DEVASSY, &W/O.E.V.JOSE, PRIME ROSE,PEENIYA DHASARHALLY, BANGALORE. 5. T.D.KURIAN,S/O.T.K.DEVASSY, THARAKAN HOUSE, PAYAPPALLY MOOLA, PUTHOOR THRISSUR DISTRICT. 6. T.D.FRANCIS,S/O.T.K.DEVASSY, O/O. THE J.E.T.N.E.B,EMARALD PO OOTTY (VIA) THAMILNADU. LA.App..No. 1582 of 2007(A) 2 7. T.D.ELSY,D/O.T.K.DEVASSY & W/O.LAURENCE,C/O.VINCENT,THARAKAN HOUSE, IRINGAPRAM P.O. 680 103. 8. T.D.VIINCENT,S/O.T.K.DEVASSY THARAKAN HOUSE, IRINGAPRAM PO-680103 9. THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR. ADV. SRI.V.V.ASOKAN FOR R.7 SMT.S.AMINA FOR R.7 SRI.K.I.MAYANKUTTY MATHER FOR R.2,3,5,6,8 SRI.P.P.RAMACHANDRAN FOR R.2,3,5,6,8 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1582 of 2007 ------------------------------------------------ Dated this the 21st day of October, 2009 JUDGMENT Pius C. Kuriakose, J We are not inclined to entertain this appeal which pertains to acquisition of land in Iringapram village which is near to Guruvayoor Railway station area for the purpose of Guruvayoor Devaswom. In fact, the purpose of the acquisition was to provide amenities to pilgrims coming to Guruvayoor temple, such as parking place and also rehabilitation of persons who were affected by the acquisition of land around the temple. The relevant section 4(1) notification was published on 07/10/99. The Land Acquisition Officer awarded land value at the rate of Rs.23750/- per cent. L. A. A. No.1582 of 2007 -2- Under the impugned judgment, the Reference Court on evaluating the evidence which were adduced by the parties, re-fixed the land value at Rs.29690/- per Cent. 2. Sri.Basant Balaji, the learned senior Government Pleader is certainly right when he submits that the enhancement is not on the basis of value reflected in any document of sale or transfer. But, at the same time, we are of the view that based on Ext.R1 basis document and the convincing testimonies given by AWs.1 to 3, the present enhancement which is only nominal is justified. Regards should be had to the importance of the area including its nearness to the Sreekrishna Temple at Guruvayoor. We do not find any warrant for interference at the instance of the Government or the Requisitioning Authority. L. A. A. No.1582 of 2007 -3- 3. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-