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 15TH JANUARY 2010 / 25TH POUSHA 1931 LA.App..No. 712 of 2007() ------------------------- LAR.51/2002 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT IN THE LAR: ------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS IN THE LAR: ------------------------------------ 1. CHINNAMMA, W/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA VIA, THODUPUZHA.(*DIED) (*DEATH OF R1 IS RECORDED AND THAT THE RESPONDENTS 2 TO 12 ARE THE LEGAL HEIRS OF DECEASED R1, VIDE ORDER DT.15.1.20 IN MEMO OF CF NO.1444/09) 2. ANNAMMA, D/O.THOMAS CHACKO, C/O.C.B.MATHAI, CHERUKATTU HOUSE, KOOVALLOOR P.O., POTHANIKADU VIA, MUVATTUPUZHA TALUK. 3. P.T.JAMES, S/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA VIA, THODUPUZHA. 4. P.T.JOSE, S/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA VIA , THODUPUZHA. 5. P.T.THOMAS, S/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA VIA, THODUPUZHA. 6. P.T.GEORGE THOMAS, S/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA VIA, THODUPUZHA. (...2) LAA.712/07 (2) 7. MOLLY, D/O.THOMAS CHACKO, C/O.P.P.VAVACHAN, PYNADATHU 8. ROSAMMA, D/O.THOMAS CHACKO, C/O.M.M.MATHEW, PYNAL HOUSE, KALLANICKAL P.O., THODUPUZHA TALUK. 9. LISAMMA, D/O.THOMAS CHACKO, C/O.PAULY JOSEPH, KULANGAM HOUSE, MUKKUNNOOR P.O., ANGAMALI, ERNAKULAM DISTRICT. 10. JOHNS T. VAYATTATTIL, S/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA (VIA), THODUPUZHA TALUK. 11. P.T. MATHEW @ MATHACHAN, S/O.THOMAS CHACKO, VAYATTATTIL PUTHENPURAYIL HOUSE, PURAPPUZHA VILLAGE, VAZHITHALA (VIA), THODUPUZHA TALUK. 12. ELIZABETH, D/O.THOMAS CHACKO, C/O.RAJU JOSEPH, VADAKKUMCHERY HOUSE, MANJAPRA P.O., KALADY ERNAKULAM DISTRICT. ADVS. MR. V.G.ARUN FOR R2,4 TO 12 MR. V.G.ARUN FOR R2,4 TO 12 MR. T.R.HARIKUMAR FOR R2,4 TO 12 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No. 712 of 2007 ---------------------------------- Dated this the 15th day of January, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. This appeal pertains to acquisition of land in Purapuzha village near Thodupuzha town for the purpose of a Tehcnical High School at Purapuzha. Relevant Section 4(1) notification was published on 6.3.2000. Land Acquisition Officer awarded land value at the rate of Rs.2,800/- per Are. Before the reference court various items of evidence were produced including Ext.A3. The court below rejected all the items except Ext.A3 giving valid reasons. As regards Ext.A3 it was noticed that the property covered by Ext.A3 is in the same village itself and was at a distance of 750 metres south west of the acquired land and by the side of a by-lane. The court below noticed that the extent of property covered by Ext.A3 was only 7 cents. After assessing the plus and minus factors of the acquired property in comparison to the property covered by Ext.A3 the Subordinate Judge came to the conclusion that the acquired property can be granted L.A.A.712/07 2 50% of the market value reflected in Ext.A3. We feel that the approach of the learned Subordinate Judge was quite reasonable and that it is more or less the correct market value of the property prevalent at the relevant time. We are of the view that the impugned judgment warrants no interference. The appeal is dismissed. No costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb