IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 LA.App..No. 1162 of 2009() -------------------------- LAR.67/2003 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S)/ RESPONDENT ------------------------ STATE OF KERALA (ADDL.TAHSILDAR, SULTHAN BATHERY AND LAND ACQUISITION OFFICER, KARAPPUZHA IRRIGATION PROJECT) REP. BY THE DISTRICT COLLECTOR, WAYANAD. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/ CLAIMANTS ------------------------ PADMANABHAN, S/O.NARAYANAN CHETTY, POOLAPPURA, VENGERI, KALATHUVAYAL P.O. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1162 OF 2009 ------------------------ Dated this the 7th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. The argument of the learned senior Government Pleader that the court below went wrong in adopting a multiplier of 12 is certainly supported by the judgments of the Supreme Court. However, we notice that the learned Sub Judge under the impugned Judgment has relied on the judgment of a Division Bench of this court in L.A.A. No.247/2000. It has been laid down in that decision that proper multiplier to be adopted will, to a certain extent, depend on the nature of the soil, nature of the trees, age of the trees, yield and such other relevant factors. We feel, having gone through the impugned judgment and having taken into account the fact that the property was in Wayanad District, known for the best coffee plantations in Asia, that the adoption of multiplier of 12 in this case was justified. The learned Sub Judge has awarded enhancement towards value of the building also. But we notice that it is only a nominal LAA.No.1162/2009 2 increase that has been granted. We do not find any warrant for interference. The appeal will stand dismissed. No costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk