IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 LA.App..No. 1341 of 2008(Y) --------------------------- LAR.96/2000 of SUB COURT, MANJERI .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT ----------------------- VAPPALAKALATHIL VASANTHY DEVI, W/O. NARAYANANKUTTY MENON, RAJ NIVAS, MUNDUPARAMBA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1341 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal filed by the government pertains to acquisition of land in Malappuram village pursuant to a notification under Section 4(1) dated 01/02/1994 for the formation of Melmuri-Malappuram- Koottilangadi bye-pass road. The land acquisition officer awarded land value at the rate of Rs.5039/- per cent which was enhanced by the reference court to Rs. 6,500/- per cent. Addressing a claim for compensation for injurious affection in respect of 2 ½ cents of land, the court below relying on the Commissioner's report, would award a lumpsum of Rs.3,250/- towards that account. Having gone through the impugned judgment, we find that the findings of the learned Subordinate Judge are founded on evidence which was actually available on record. According to us, it is more or less the correct market value of the property which has been arrived at by the learned Subordinate Judge on the relevant date of section 4(1) LAA.No.1341/08 2 notification. We do not find any warrant for interfering with the impugned judgment. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE M.C.HARI RANI JUDGE sv. LAA.No.1341/08 2