IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 LA.App..No. 550 of 2010(B) ------------------------------ LAR.158/2007 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KANNUR. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, KANNUR. 3. THE SPECIAL TAHSILDAR, L.A.(N.H), KANNUR. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT ------------------------------- KARAYI GANGADHARAN, S/O.ANANDAN, PARIMAL, PAIKADAVU ROAD, DHARMADAM P.O., THALASSERY. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.550 of 2010 ------------------------------------------------ Dated this the 8th day of June, 2010 JUDGMENT Pius C. Kuriakose, J Even though several attractive grounds have been raised in this appeal and the learned Senior Government Pleader Smt.R.Bindu addressed arguments on the basis of all those grounds, we do not find justification for entertaining this appeal. The property was situated in Dharmadam village and the purpose of acquisition was construction of approach road to Dharmadam Bridge. The acquisition was pursuant to Section 4 (1) notification published in January, 2005. The Land Acquisition Officer awarded land value at the L. A. A. No.550 of 2010 -2- rate of Rs.22,048/- per cent. The Reference Court re-fixed the same at Rs.50,000/- per cent. This was done on the basis of Ext.A1, a document of 1998. The property covered by Ext.A1 was situated at a distance of 50 metres away from the acquired property. We are of the firm view that the reliance placed on Ext.A1 was justified. Additions given actually are not sufficient when we notice that seven years' time has passed. At any rate, there is no warrant for interference at the instance of the Government. The appeal is dismissed in limine. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-