IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 LA.App..No.838 of 2010 (D) ------------------------------- LAR.23/1999 of SUB COURT, QUILANDY .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------------------ STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA),KOYILANDY. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANTS & RESPONDENTS NO.2 IN LAR ------------------------------------------------------------------- 1. CHERIYA KUNNOTH ABDULLAKUTTY HAJI, C.K.HOUSE,MOODADI. 2. C.K.HAMSA(DIED),THAYALAKANDY HOUSE, CHIRAKKARA PO, THALASSERY-4. 3. C.K.ASYA HAJJUMMA,'GASAL',NEAR MOIDEEN MOSQUE,KOYILANDY. 4. C.K.KADEESAKUTTY,KOTTAYAMPURATH HOUSE, NADUVATHUR PO,KOYILANDY. 5. C.K.NAFEESSA,C.K.HOUSE,MADRASS ROAD, KOYILANDY. 6. C.K.SAINABA,ABDULLA ESTATE, P.O. PONHASSERY, ALUVA. 7. C.K.KUNHAMINA,C.K.HOUSE, MADDRASSA ROAD,KOYILANDY. LAA.838/10 -2- 8. C.K.MAMMU HAJI,KOTTAL HOUSE, PO ANIYARAM,KANNUR DISTRICT. 9. C.K.ABDUL RAHAMANKUTTY, RAJEENA NIVAS, NEAR T.B.KOYILANDY. 10. A.V.FATHIMA,W/O.ALI, SAHITHA MANZIL, NEAR CHEKKUTTY PALLI, KOYILANDY. 11. MANIKKAM VEETTIL POKKINARI AYISHA, VELLARAKKAD DESOM,KOYILAND TALUK. 12. SAFIYA,W/O.LATE C.K.HAMSA, THAYALKANDY HOUSE,CHIRAKKARA,THALASSERY. 13. FEMIDA,D/O.LATE C.K.HAMSA, THAYALKANDY HOUSE,CHIRAKKARA,THALASSERY. 14. JESITHA, D/O.LATE C.K.HAMSA,THAYALKANDY HOUSE,CHIRAKKARA, THALASSERY. 15. SABINA MARIYAM, D/O.LATE C.K.HAMSA,THAYALKANDY HOUSE,CHIRAKKARA, THALASSERY. 16. MUHAMMED ANEES, S/O.LATE C.K.HAMSA,THAYALKANDY HOUSE,CHIRAKKARA, THALASSERY. 17. THE SECRETARY,KOYILANDY MUNICIPALITY. ADV. SRI.MOHAN JACOB GEORGE(CAVEATOR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.838 of 2010 ------------------------------------------------ Dated this the 26th day of July, 2010 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land at Koyilandy in Panthalayani village for the purpose of construction of a bus stand at Koyilandy. The relevant section 4(1) notification was published on 13/10/97. The lands were garden lands and the Land Acquisition Officer awarded land value at the rate of Rs.10,425.39/- per cent. Before the Reference Court, the claimant relied on Exts.A1 to A6 and a Commission Report. The Government relied on the basis document. The commissioner recommended L. A. A. No.838 of 2010 -2- a value of Rs.60,000/- be fixed. Exts.A1 to A6 reflected higher values. The court below found that Exts.A1 to A6 cannot be completely relied on as there was no comparable property between the properties under acquisition and the properties covered by those documents. As regards the Commissioner's recommendation also the court below took the view that the same was highly exaggerated. Ultimately, the learned Subordinate Judge fixed the value at the rate of Rs.50,000/-. 2. Having gone through the impugned judgment, we find that the properties were situated in perhaps the most important locality of Koyilandy, which is an ancient municipal town. The properties were situated just 35 metres from the court complex. We are convinced that it is L. A. A. No.838 of 2010 -3- more or less the correct market value of the property at the relevant time that has been arrived at by the learned Subordinate Judge. Hence, this appeal will stand dismissed, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-