IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 LA.App..No. 1627 of 2008() -------------------------- LAR.343/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM. BY GOVT. PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENT(S): CLAIMANT AND 2ND RESPONDENT ------------------------------------------ 1. PRASAD.J THUNKALAN, S/O.JOHN THUKALAN, THUNKALAN HOUSE, KUREEKADU.P.O. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.1627 of 2008 ---------------------------------------------- Dated 23rd September, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. The acquisition is for the purpose of doubling the railway track between Ernakulam and Mulanthuruthy. Section 4 (1) notification is dated 16.12.2004. The acquired property is included in category (1) and it is situated on the side of the Kureekad - Eruveli road, near to Kureekad junction. Though the claimant sought to place reliance on Ext.A1 document, the same being situated in a more important locality, it was not accepted by the reference court. However, it is seen that both sides did not have any objection in placing reliance on LAR 318/06 in respect of category (1) property acquired for the very same purpose, pursuant to the very same notification. The reference court hence fixed the land value at Rs.1,10,040/- per Are. It is submitted that the State has not pursued the matter in appeal apparently since the value is acceptable. The fixation thus made being based on the land value fixed in LAR 318/06, for which both LAA NO.1627/08 2 sides did not have any objection, and in the absence of any contra evidence, we do not find any merit in the appeal. It is accordingly dismissed. I.A.No.3782/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.1627 of 2008 ---------------------------------------------- J U D G M E N T Dated 23rd September, 2008.