IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 9 of 2006() ----------------------- LAR.13/1993 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.2: ------------------------------------------ 1. PEERU MOHAMMED RAWTHER MOHAMMED YOOSUF, ODITTA VEEDU, KANNAMBA DESOM, NADAYARA, VARKALA VILLAGE REPRESENTED BY THE POWER OF ATTORNEY HOLDER, A.M. SHAMSUDEEN IQBAL MANZIL, KOOZHATHIL VEEDU, NADAYARA, VARKALA P.O. 2. E.S.I. CORPORATION, REPRESENTED BY ITS REGIONAL DIRECTOR, SWARAJ ROUND NORTH, THRISSUR. ADV. SRI.SIBY MATHEW FOR R1 SRI.A.A.MOHAMMED NAZIR FOR R1 SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ. ----------------------------------------------- LAA. No. 9 OF 2006 ----------------------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T Pius C.Kuriakose, J. Having gone through the impugned judgment and having made a survey of the evidence which was available before the reference court we are of the view that the impugned judgment is beyond challenge at the instance of the Government. According to us, the enhancement granted under the impugned judgment was justified on the evidence available on record. The learned Sub Judge has rightly relied on Exts.A3 and A5 and taken an average of the value revealed under those documents. The appeal will stand dismissed. No costs. (PIUS C.KURIAKOSE, JUDGE) (P.Q.BARKATH ALI, JUDGE) ksv/-