IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 LA.APP..NO. 269 OF 2010() ------------------------- {LAR.154/2007 OF SUB COURT, PALA} .................... APPELLANT(S): RESPONDENT ---------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------- MARY ALANICKEL, W/O JOSEPH MATHEW, EDAPPADY P.O., BHARANANGANAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------ L.A.A.No.269 of 2010 ----------------------------------------------- Dated this the 19th day of March, 2010 JUDGMENT PIUS C. KURIAKOSE , J. The State is in appeal. The property is situate in Bharananganam Village. The acquisition was for the construction of Poonjar-Ettumanoor State Highway. Notification under Section 4(1) of the Land Acquisition was published on 20.7.2004. The Land Acquisition Officer awarded land value at the rate of Rs.15,226/- per Are. The Reference Court enhanced the land value by Rs.29774/- and thus refixed the land value at Rs.45,000/- per Are. 2. In this appeal, various grounds have been raised by the appellant-State and Smt.Latha Thankappan advanced arguments on the basis of those grounds. 3. We have gone through the impugned judgment. We find that the learned Subordinate Judge has relied on Ext.A1 judgment of the same court in a connected matter and also Ext.A2 document. We also find that before the L.A.A.No.269 of 2010 :: 2 :: learned Sub Judge, there were several commission reports on the basis of which the learned Judge could come to the conclusions regarding the importance of the locality and other locational advantages of the property. Evidence was given by parties also. Having regard to the location of the property under acquisition, which is found by the court below as very near to the Bharananganam Church, which has been a pilgrim centre for several decades, we feel that the market value of the property has been rightly determined by the learned Subordinate Judge. We do not find any reason to interfere with the impugned judgment at the instance of the State. Appeal is hence dismissed in limine. Sd/- (PIUS C. KURIAKOSE) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy// P.S. to Judge.