IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 LA.App..No. 575 of 2008() ------------------------- LAR.6/1996 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): IST RESPONDENT ---------------------------- THE SPECIAL TAHSILADAR (LA) RAILWAYS NO.II ,THRISSUR. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 --------------- 1. MOIDUNNY, S/O. BAPPU,NALAKATHU KUTTIKKATTU HOUSE, P.O., ORUMANAYUR, THAIKKADAVU (AUTHORISED AGENT OF SRI.ABOOBAKKAR) 2. THE GENERAL MANAGER SOUTHERN RAILWAY PRESENT ADDRESS DY.CHIEF ENGINEER (CONSTRUCTIONS) SOUTHERN RAILWAY, ERNAKULAM. ADV. SMT.R.PADMAKUMARI FOR R.1 SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 575 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. Even though some of the grounds raised in the memorandum of appeal are attractive, we do not find any justification for admitting this appeal which pertains to acquisition of land in Chavakkal village pursuant to Section 4(1) notification dated 24-08-1992 for the construction of new broad line between Thrissur-Guruvayur. The land acquisition officer awarded land value at the rate of Rs. 19381/- per Are. The reference court enhanced the same relying on Ext.A3 to Rs.25,000/- per Are. We find that under Ext.A3, the land value was refixed at Rs. 30,000/- per Are. But the court below did not become inclined to grant so much amount. It is brought to our notice that the appeal preferred by the government against Ext.A3 was dismissed. For all these reasons, the appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. sv.