IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 LA.App..No. 2059 of 2008(D) --------------------------- LAR.53/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- STATE OF KERALA REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY SR. GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): --------------- ABOOBACKER, S/O.MALAKKU MOHAMMED, TC.49/ 374, NEW BUILDING PANAVILA LANE, MANACAUD, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.2059 OF 2008 ------------------------ Dated this the 18th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. We are not inclined to admit this appeal, which pertains to acquisition of land in Manacaud village for the purpose of the Government Homeopathic Medical College. Relevant Section 4(1) notification was published on 2/10/1997. The land acquisition officer awarded land value at the rate of Rs.73,806.00 per Are. Before the reference court, the claimant produced Exts.A1 and A2 revealing land value of Rs.83000/- per cent and Rs.77000/- per cent respectively. The Advocate Commissioner had reported that the acquired property was superior to the property covered by Exts.A1 and A2. Nevertheless the court did not become inclined to award the valuation revealed by Exts.A1 or A2. What the court below did was to award 50% increase over the value awarded by the land acquisition officer and refix the land value at Rs.44820/- per cent. The approach of the learned Subordinate Judge, in our view, was quite reasonable and we do not find any LAA.No.2059 of 2008 2 warrant for interference. The appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk