IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 LA.App..No. 1775 of 2007(C) -------------------------- LAR.117/2004 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- BHARAT PETROLEUM CORPORATION LTD. (KOCHI REFINERY), REPRESENTED BY MANAGING DIRECTOR, VYTTILA, KOCHI. BY ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT ----------------------------------------- 1. RAGHAVAN NAIR, S/O. LATE MADHAVI AMMA, KAVANAL HOUSE, AMBALAMEDU P.O., PUTHENCRUZ VILLAGE. 2. VILASINI AMMA, D/O. LATE MADHAVI AMMA, KAVANAL HOUSE, AMBALAMEDU P.O., PUTHENCRUZ VILLAGE. 3. PANKAJAKSHI AMMA, S/O. LATE MADHAVI AMMA, KAVANAL HOUSE, AMBALAMEDU P.O., PUTHENCRUZ VILLAGE. 4. RADHA, D/O. LATE MADHAVI AMMA, KAVANAL HOUSE, AMBALAMEDU P.O., PUTHENCRUZ VILLAGE. 5. RUGMINI, S/O LATE MADHAVI AMMA, KAVANAL HOUSE, AMBALAMEDU P.O., PUTHENCRUZ VILLAGE. 6. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR(LA), KRL, VYTTILA, ERNAKULAM. (...2) laa.1775/07 2 ADV. SRI.K.S.BABU FOR R1 TO 5 SMT.N.SUDHA FOR R1 TO R5 SR.GOVT.PLEADER SMT.LATHA T.THANKAPPAN FOR R6 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.4685/2007 IN LAA.1775/2007 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 18.6.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1775 of 2007 ---------------------------------- Dated this the 18th day of June, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Even though Smt.Thushara James, learned counsel for the appellant/requisitioning authority addressed us very persuasively on the various grounds raised in the memorandum of appeal, we are not persuaded to hold that the impugned judgment of the Subordinate Judge, North Paravur warrants interference. Under the impugned judgment, the learned Subordinate Judge placed reliance on the award passed by the Land Acquisition Officer in LAR.No.485/1998. Learned Sub Judge found that the Land Acquisition Officer in that case, which was pursuant to a notification some 3 years earlier, had awarded value for identical wet lands at Rs.12,355/- per Are. It is not disputed before us that the L.A.A.1775/07 2 properties involved in those cases and the properties in this case were wet lands situated in Puthencruz Village. We are of the view that there must be some correlation between the values of similar lands situated in a given local area. If that be so, we do not find any infirmity in the court below having adopted the value originally awarded by the Land Acquisition Officer in LAR.No.485/1998 for identical properties. The appeal accordingly will stand dismissed, however, without any order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb