IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 RP.No. 404 of 2010(C) -------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.432/2005 Dated 09/04/2007 .................... REVIEW PETITIONER(S): APPELLANTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), N H 1, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI.P.K. BABU. RESPONDENT(S): CLAIMANT ---------------------------------- SARASWATHY BAI, W/O. DIVAKARAN, HOUSE NO. 28/698, SBI COLONY, NELLICODE, KOZHIKODE. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN & K.T. SANKARAN, JJ. = = = = = = = = = = = = = = R.P. No. 404 OF 2010 IN L.A.A. No. 432 OF 2005 = = = = = = = = = = = = = = = Dated this the 20th day of October, 2010. O R D E R Krishnan, J. This review petition is preferred to review the judgment in L.A.A.432/05. It is submitted that by virtue of a revised order passed in L.A.A.774/06 the judgment requires review. L.A.R.432/05 is preferred against the award of the Land Acquisition Court in L.A.R.304/00. 2. 0.465 Ares in Re.Sy.No.71/7 of Nellikode village is the subject matter. The Court after consideration of the materials fixed the land value at Rs.60,000/- per cent. A perusal of the award would reveal that the acquired land is situated by side of a road near T.P.Kumaran Nair road within the limits of the R.P. No. 404 OF 2010 IN L.A.A. No. 432 OF 2005 -:2:- Kozhikode Corporation. It is also submitted that banks, commercial establishments, schools and Kozhikode Medical College are located near the acquired property. The Commissioner who inspected the property has stated that the property though not having direct road access it is situated very near to T.P.Kumarn Nair road and further it is also stated that a reference has been made to L.A.R.240/00 wherein the same and similarly situated land had been valued at Rs.60,000/- and so the Court below had granted the said market value for the property. So the award does not suffer from any infirmity nor the judgment passed by this Court requires review. There is no error apparent on the face of the record. Therefore the R.P. is dismissed. M.N. KRISHNAN, JUDGE. K.T. SANKARAN, JUDGE. ul/-