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 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 LA.App..No. 712 of 2003(B) -------------------------- LAR.23/1999 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): 2ND RESPONDENT IN LAR.23/99: ------------------------------------------ THE SECRETARY, THRISSUR CORPORATION, THRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION RESPONDENT(S): CLAIMANT & 1ST RESPONDENT IN LAR.23/99: ------------------------------------------------------ 1. K.V.SADANANDAN, S/O. K.S.VELAYUDHAN, KOLLARA HOUSE, GURUVAYUR, MANAGING PARTNER, M/S. HOTEL ELITE INTERNATIONAL, CHEMBOTTIL LANE, THRISSUR. 2. THE SPECIAL TAHSILDAR (L.A), THRISSUR CORPORATION, THRISSUR. ADV. SRI.P.R.SHAJI FOR R1 SR. GOVERNMENT PLEADER SRI.P.K.BABU FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 712 of 2003 ----------------------------------------------- Dated this the 30th day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. We have today dismissed LAA. No. 711 of 2003 approving the enhancement of land value from Rs.36,585/- per cent to Rs.1 lakh per cent in that case, which pertains to the very same acquisition for the same purpose. The reference court has re-fixed land value from Rs.41,766/- to Rs.1,50,000/-. Mr. Lallulal representing Mr.K.B.Mohandas submitted that the reference court ought to have maintained the ratio maintained by the L.A. Officer between the value awarded to the properties covered by judgment in LAA. No. 711 of 2003 and the present case. We would have accepted the above argument at least to a certain extent. But we notice that unlike the property in LAA. No. 711of 2003 the property under acquisition in this case was enjoying direct frontage of Swaraj Round. We notice the judgment of this LAA.N0. 712/03 -2- Court in LAA. No. 524 of 2006 and connected cases pertaining to acquisition in 1996 for the widening of Pattalam Road, under which land value of property on Pattalam Road was fixed at Rs.1,97,600/-. In view of the fact that the property under acquisition in this case was enjoying direct frontage of Swaraj Round and in view of the findings entered in the judgment in LAA. No. 524 of 2006, we are inclined to approve the impugned judgment. This appeal accordingly will stand dismissed. No costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/- LAA.N0. 712/03 -3- PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. LAA. No. 712 OF 2003 JUDGMENT 30th September, 2009