IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 LA.App..No. 254 of 2011(C) ------------------------------- LAR.12/2007 of SUB COURT,ATTINGAL .................... APPELLANT(S)/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S)/CLAIMANTS: --------------------------------- 1. N. RETHNAVENI, KOYIKKAL KUNNU BUNGLOW, VENNICODE (PRESENT ADDRESS - T.C.15/527, JANARESMI, V.S. ROAD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM - 695 010.) 2. J. RESMI, KOYIKKAL KUNNU BUNGLOW, VENNICODE (PRESENT ADDRESS - T.C.15/527, JANARESMI, V.S.ROAD, SASTHAMANGALAM P.O. THIRUVANANTHAPURAM REP. BY THE POWER OF ATTORNEY HOLDER SHRI.JIJO S, AGED 33 YEARS, S/O SUKUMARAN, R/A NEELAMBARI, THULAMPARAMPU SOUTH, HARIPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT - 695010.) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.254 of 2011 ------------------------------------------------ Dated this the 11th day of April, 2011 JUDGMENT Pius C. Kuriakose, J Even though several apparently attractive grounds have been raised and Smt.T.T.Josephina, the learned Government Pleader addressed arguments before us based on those grounds, we are not inclined to interfere with the impugned judgment. The property was in Cherunniyur village. The acquisition was pursuant to Section 4(1) notification published on 19/05/2003. The Land Acquisition Officer awarded land value at the rate of Rs.12,597/- per Are. Before the Reference Court, there was oral evidence only on the side of the claimants. Ext.A1 was relied on. Ext.A1 was in respect of properties situated just one kilometre away from the acquired property though the same L. A. A. No.254 of 2011 -2- was in a different village. Ext.A1 revealed a land value of Rs.35,000/- per cent. The Reference Court did not award the same land value to the claimants. Ultimately what was done was to take a cue from Ext.A1 and re-fixed the market value at Rs.49,400/- per Are. According to us, the Government cannot have any legitimate grievance about the market value fixed under the impugned judgment. The appeal is dismissed. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-