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 4TH MARCH 2009 / 13TH PHALGUNA 1930 LA.App..No. 244 of 2009() ------------------------- LAR.187/2005 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): -------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA) RAILWAY KANNUR. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): --------------- 1. MARAKKARKANDY SHAKKEELA,"SHAZIGAR" CHETTANCOON, P.O.THALASSERY. 2. DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY KANNUR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.244 OF 2009 ------------------------ Dated this the 4 th day of March, 2009 JUDGMENT Pius C.Kuriakose, J. We are not inclined to interfere with the impugned judgment of the court below placing reliance on Exts.A1 and A2. We are informed by the Registry that Exts.A1 and A2 has attained finality in the sense that no appeal was preferred by the Government against Exts.A1 and A2. The learned Judge though did not place complete reliance on Exts.A1 and A2, decided the matter on the basis of Ext.C1 commission report and the oral testimony of AW1, to which there was absolutely no counter evidence. A reasonable guess was also made by the learned Judge based on Exts.A1 and A2. We feel that the market value arrived at by the learned Subordinate Judge is more or less correct value of the property at the relevant time. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk