IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 LA.App..No. 612 of 2008() ------------------------- LAR.14/2004 of SUB COURT, PALA .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENTS: CLAIMANT --------------------- ULAHANNAN, S/O.MATHAI, NADUPPARAMBIL VELIYANOOR VILLAGE, MEENACHIL TALUK, REP. BY HIS POWER OF ATTORNEY CHACKO, S/O.MATHAI NADUPPARAMBIL, VELIYANNOOR KARA VELIYANNOOR VILLAGE, MEENACHIL TALUK. BY ADV. SRI.P.C.HARIDAS FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO. 1360/08 IN LAA. NO. 612/08 DISMISSED. 2-7-08 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.612 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 2nd July, 2008 JUDGMENT Mr.P.C.Haridas, learned counsel for the respondent submits that the claimant has also preferred an appeal against the judgment and decree and that there will not be serious objection to this appeal being admitted and both the appeals being considered together. I am not inclined to accept the above submission. I have gone through the judgment under appeal. It is seen that Ext.A2 was the only document put in evidence by the claimant in support of the claim for enhancement. The learned Subordinate Judge did not place reliance on Ext.A2 and in my opinion the learned Subordinate Judge was justified in not relying on Ext.A2. Ultimately it is purely on guess work that the learned Subordinate Judge has enhanced the original compensation awarded by the land acquisition officer which was at Rs.1840/- per Are to Rs.3840/- per are (enhancement by more than 100%). Even though it cannot be said that the learned Subordinate Judge has made a good guess work, I am not inclined to interfere with the refixation of the land value considering the smallness of the stakes involved in this case. The appeal will stand dismissed in limine. LAA No.612/08 - 2 - However, it is made clear that this judgment will not be a precedent for any other case. srd PIUS C.KURIAKOSE, JUDGE