IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 LA.App..No. 1757 of 2007(D) --------------------------- LAR.75/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT/2ND RESPONDENT: --------------------------------------- 1. P. PAUL PRASAD, K.P.9/24, HARVIPURAM LANE NO.I, PERURKADA POST, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R2 SRI.P.K.MANOJKUMAR FOR R2 SRI.SUBHASH CYRIAC FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.1757 of 2007 ------------------------ Dated this the 12th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. We do not find any ground to admit this appeal preferred by the Government impugning refixation of land value for the acquired property made by the Subordinate Judge's Court, Thiruvananthapuram. The acquisition was of property in Vilappilsala Village in Neyyattinkara Taluk for the construction of dumping yard for Thiruvananthapurampm Corporation. Relevant Section 4(1) notification was on 10/11/2000. The awarding officer fixed land value at Rs.14,017/- per Are. Before the Reference court, the evidence consisted of Ext.A1 sale deed and the oral testimony of AW1 claimant himself on the side of the claimant. On the side of the Government, the evidence consisted of Exts.R1 to R3 which are documents pertaining to the land acquisition file. No counter evidence was significantly adduced either by the Government or by the Requisitioning authority. 2. Having gone through the impugned judgment, we are of the view that the findings of the learned Subordinate Judge are L.A.A..No. 1757/2007 2 based on the evidence which was 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. The appeal will therefore stand dismissed. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk