IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 LA.App..No. 900 of 2008(D) -------------------------- LAR.40/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): RESPONDENT --------------------------------- 1. THE SPECIAL TAHSILDAR, LA, THRISSUR MUNICIPALITY. 2. THE STATE REP. BY THE DISTRICT COLLECTOR, THRISSUR. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT -------------------------------- 1. MOHAN ROY, MANAGING PARTNER, SURAKSHA AGENCIES, KUNNAMKULAM. 2. MUNICIPALITY, KUNNAMKULAM REP. BY SECRETARY, KUNNAMKULAM MUNICIPALITY. ADV. SRI.GRASHIOUS KURIAKOSE FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.900 of 2008 ------------------------------------------------ Dated this the 3rd day of August, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is remaining in the defect list for non-completion of service of notice on R1/the claimant. But in the impugned judgment, we find that the finding of the learned Subordinate Judge regarding the correct market value of the property at the relevant time is a reasonable one which is founded on evidence. The property is in Kunnamkulam village and the acquisition was for the purpose of construction of Bus stand and Municipal Shopping Complex. The learned Subordinate Judge has not rely on any of the documents produced by the claimant. But what the court below has done was to rely on the basis L. A. A. No.900 of 2008 -2- document, give additions for passage of time and grant enhancement in land value. We are of the view that the approach of the learned Subordinate Judge was quite reasonable and the market value determined under the impugned judgment was more or less equal to the market value at the relevant time. This appeal will stand rejected. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-