IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 LA.App..No. 2407 of 2008() -------------------------- LAR.246/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NH-1, KOZHIKODE. BY GOVERNMENT PLEADER SRI. M.R.SABU RESPONDENT(S): CLAIMANT ----------------------- MEETHAL VEETTIL LAKSHMI, KARUVISSERY, KOZHIKODE. ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2011, ALONG WITH LAA NO. 1214 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. Nos. 2407of 2008 & 1214 of 2009 ----------------------------------------------- Dated this the 10th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. These appeals pertain to acquisition of wet lands (wet lands only though there is a reference in the judgment to garden lands) in Vengeri Village for the purpose of the construction of the Kozhikode Bye Pass. Under the impugned judgment, the learned Subordinate Judge has re- fixed the value of wet lands at Rs.16,000/- per cent and has re-fixed the value of garden lands at Rs.25,000/- per cent. As already stated, the lands were wet lands and the applicable rate is Rs.16,000/- per cent only. The question is whether there is warrant for interference with the fixation of the above rate by the reference court. Even though the Government in the appeal memoranda have referred to some judgments of this Court where the value of apparently similar wet lands was reduced to Rs.8800/- per cent, we -2- notice the judgment of this Court in LAA. No. 18 of 2009. As details were not discernible from the above judgment we have incorporated the entire judges papers. It is seen on a perusal of the entire papers that under that judgment the value of identical lands acquired from the possession of the brother of the claimant by name Manjoli Purushothaman has been finally approved by this Court at Rs.16,000/-. Necessarily these appeals will have to be dismissed. We do so. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-