IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 LA.App..No. 373 of 2006() ------------------------------------ LAR.NO. 39/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): RESPONDENT. ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, THRISSUR MUNICIPALITY. 2. THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI.T.T.JOSEPHINA RESPONDENT(S): CLAIMANTS & RESPONDENT NO.3 ------------------------------------------------------------------------------ 1. ASMABI, W/O.SHAMSUDHIN, THAZHATHEYIL HOUSE,MUTHUVAMMAL DESOM, P.O.KOCHANNUR, KUNNAMKULAM. 2. SHAMSUDHIN, S/O.MOHAMMEDKUTTY, THAZHATHEYIL HOUSE,MUTHUVAMMAL DESOM, P.O.KOCHANNUR, KUNNAMKULAM. 3. MOHAMMEDKUTTY, S/O.KUNJU, THAZHATHEYIL HOUSE, MUTHUVAMMAL DESOM, P.O.KOCHANNUR, KUNNAMKULAM. 4. KUNNAMKULAM MUNICIPALITY, REPRESENTED BY THE SECRETARY. R1 & R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.373 of 2006 ------------------------------- Dated this the 5th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Eventhough apparently attractive grounds are raised and Sri.V.T.K.Mohanan, learned Government Pleader addressed persuasive submissions based on that grounds, we are not inclined to interfere. The property was in Kunnamkulam town situated very close to Kunnamkulam Municipal Town Hall. The acquisition of land was for the purpose of Kunnamkulam Bus stand. Under the impugned judgment, the reference court had refixed the market value of land acquired pursuant to S.4(1) notification published on 22.12.1999 at Rs.32,900/- per cent. The arguments of Sri.Mohanan, was that the nature of the property was wet land at the time of acquisition and when that is considered, the rate fixed by the reference court is excessive. True, at the time of acquisition the property was wet land but the 2 L.A.A.No.373 of 2006 learned Sub Judge has found on evaluating the evidence and is practically agreed to by the requisitioning authority, that the property had all the potentialities of being converted as dry land, ie., as a Bus stand. Ext.A6 permit establishes that the claimants themselves had made arrangements for converting the property as dry land. Having regard to the commercial importance of the property and its proximity to most of the important institutions and establishments in Kunnamkulam town, which has been one of the most important commercial center in Thrissur District for several decades, we don't think that the rate fixed by the learned Sub Judge is excessive. The appeal will stand dismissed. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/