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 20TH JULY 2009 / 29TH ASHADHA 1931 LA.App..No.1077 of 2007(D) -------------------------------- LAR.24/2004 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT(S): RESPONDENT IN L.A.R ------------------------------------------- DISTRICT COLLECTOR, THRISSUR. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS IN L.A.R ------------------------------------------- 1. MOHANAN, S/O.MADHAVAN, PANIKKASSERY HOUSE, KORATTY. 2. MANAGING DIRECTOR, KERALA ROADS AND BRIDGES DEVELOPMENT CORPORATION, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.1077 of 2007 ------------------------------------------------ Dated this the 20th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal remains as defective on the reason that the first respondent/claimant has not been served. We have gone through the impugned judgment. We notice that the enhancement granted is only 40% above the rate which was awarded by the Land Acquisition Officer. 2. Having gone through the impugned judgment, we feel that the approach of the learned Subordinate Judge towards determining the market value of the land under acquisition is reasonable. The land was in Koratty. We fell that the rate presently fixed under the impugned judgment is more or less equal to the L. A. A. No.1077 of 2007 -2- market value of the property at the relevant time. We are not inclined to entertain this appeal any longer. 3. Appeal will stand dismissed, but in the circumstances, without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-