IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 LA.App..No. 1269 of 2009(B) -------------------------------- LAR.41/2003 of SUB COURT, PALA .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------- 1. TESSY ALEX, MOOZHAYIL LALAM KARA AND VILLAGE, PALA. 2. ANNAKKUTTY, MOOZHAYIL LALAM KARA AND VILLAGE, PALA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1269 of 2009 ------------------------------------------------ Dated this the 28th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Even though Smt.Latha T. Thankappan, the learned senior Government Pleader addressed us strenuously, having gone through the impugned judgment, we are of the view that the land value re- fixed by the learned Subordinate Judge is not excessive. The property was situated in the commercially most important area of Pala town. Properties were admittedly enjoying the direct frontage of Ettumanoor Erattupetta state highway. It was for widening of this highway that the property had been acquired. The Advocate Commissioner had L. A. A. No.1269 of 2009 -2- reported about the nearness of the property under acquisition to the important institutions and establishments within the municipal town. The document relied on apart from Ext.C1 Commissioner's Report is document executed in favour of the municipality. The document is executed some two years prior to the relevant notification. We are of the view that there is no warrant for interference. The appeal is dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-