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. 769 of 2007() ------------------------- LAR.1/2003 of SUB COURT, PAYYANNUR .................... APPELLANT: RESPONDENT: ------------------------- STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, L.A(N.H.)., KANNUR. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT: CLAIMANT: ------------------------ PIOUS THOMAS, S/O.ANNAMMA THOMAS, VELANMMARUKUDIYIL HOUSE, KARTHIKAPURAM P.O., ALAKODE. 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.769 of 2007 ------------------------------------------ Dated this the 21st day of October, 2009 JUDGMENT PIUS C.KURIAKOSE,J. The Government is in appeal. The land under acquisition was in Manakkadavu Village in Payyannur for the purpose of construction of telephone exchange. Section 4(1) notification was published on 20/5/2000. The Land Acquisition Officer awarded land value at the rate of Rs.2,460/- per Cent. The Reference Court under the impugned judgment refixed the land value at Rs.5,000/- per Cent. It was Ext.A1 document which was relied on by the claimants. The court was not inclined the rely on Ext.A1 in which only a small extent was involved and at the same time the court below found that the basic document Ext.B1 was not comparable with the acquired property. There was absolutely no evidence counter to the evidence adduced by the claimant to enable the learned Subordinate Judge to fix a market value for the property. Based on the available evidence, we are of the view that the land value fixed by the learned Subordinate Judge is more or less reasonable. We feel that under the LA.A.No.769 of 2007 2 impugned judgment the land value is fixed on a par with the market value for similarly situated properties at the appropriate time. Appeal is dismissed. No costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE Skj.