IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 LA.App..No. 1371 of 2007() -------------------------- LAR.12/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S)RESPNDENT: -------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENT(S)/CLAIMANTS/RESPONDENT: --------------- E.T.DEVASSYA,S/O.THOMAS,EDATTKUNNUMMAL P.O,PADNEKKAD,KANHANGAD VILLAGE,HOSDURG TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ L.A.A.No.1371 OF 2007 ------------------------ Dated this the 30th of October, 2008 JUDGMENT Smt.Latha Thankappan, senior Government Pleader, would address me extensively on the various grounds raised. But, I notice that the total stakes involved in the appeal is only Rs.4071/-. Having gone through the judgment of the reference court also, I find that the findings are, to a considerable extent, based on Ext.A1 judgment. In fact, Ext.A1 would have justified a higher land value, but the learned Subordinate Judge granted only a lesser land value. I also notice that as against the oral evidence of PW-1, no counter oral evidence is adduced by the Government. 2. For all these reasons challenge against the impugned judgment will fail. The appeal will stand dismissed. But, I find merit in the submission of the learned Government Pleader that the learned Sub Judge erred in granting the amount due under Section 23 (1-A) for the period from 9.8.1999 to 15.5.2002. The correct date of Section 4(1) notification is the last date of L.A.A..No.1371/2007 2 publication of that notification. Therefore, even as I repell the grounds, the judgment and decree of the court below will stand modified to the extent it relates to amount due under Section 23(1-A). The first respondent will be eligible for that amount only during the period from 5/4/2000 till 15/5/20002. (PIUS.C.KURIAKOSE,JUDGE) dpk