IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 LA.App..No. 515 of 2010() ------------------------- LAR.121/2003 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS IN LAR -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE. 2. SPECIAL TAHSILDAR LA, KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO. 2 IN LAR --------------------------------------------------- 1. VELLAPPALLI NATESAN SECRETARY, S.N.TRUST, KOLLAM, REPRESENTED BY POWER OF ATTORNEY HOLDER K.SOMADEVAN, ESTATE OFFICER CUM-SUPERINTENDENT, S.N.TRUST, KOLLAM. 2. THE PROJECTO OFFICER, OECF, KERALA WATER AUTHORITY, KOZHIKODE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 515 OF 2010 ------------------------ Dated this the 9th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. We are not inclined to admit this appeal which pertains to acquisition of land in Chelannur Village near Thamarassery, pursuant to Section 4(1) notification dated 15/6/1998 for the purpose of laying of pipeline and for construction of water tanks. The Land Acquisition Officer awarded land value at the rate of Rs.3088/- per Are which under the impugned judgment was refixed by the reference court to Rs.7,410/- per Are. 2. Smt.Latha T.Thankappan, learned senior Government Pleader would argue that such refixation is not based on any sale document reflecting the value of comparable properties. The same is based solely on the advocate commissioner's report. The submissions of the Government Pleader are certainly correct. But, we notice from the commissioner's report that the property acquired was a part of the compound of Sree Narayayana College near Tamarassery. The property was certainly situated in an important area. The market value ultimately fixed comes to L.A.A..No.515/2010 2 Rs.3,000/- per cent. We do not think that the same is exorbitant. The appeal will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk