IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 LA.App..No. 1553 of 2005() -------------------------- LAR.371/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR, L.A., KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENT(S): CLAIMANTS: ------------------------- 1. BALASUBRAMANIAN, EDATHOKKU NILAM, KURUVISSERY P.O., KOZHIKODE. 2. SECRETARY, CALICUT CORPORATION. ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM FOR R1 SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP FOR R2 SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4212/05 IN L.A.A.NO.1553/05 DISMISSED 6-11-2008 Sd/-, PIUS.C.KURIAKOSE, JUDGE /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 1553 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November , 2008 JUDGMENT This appeal by the government pertains to acquisition of 2.64 cents of land in Vengeri village pursuant to notification under Section 4(1) dated 5-6-1998 for the purpose of construction of a parallel road to Canoli Canal. The land acquisition officer awarded land value at the rate of Rs. 9,992/- per cent. The evidence before the reference court, which considered the present case and a number of connected cases together, consisted of Exts.A1 to A4 and AWs 1 and 2 on the side of the claimants apart from Ext.C1. There was absolutely no counter oral or documentary evidence on the side of the respondent. On appreciating evidence, the learned Judge enhanced the land value at the rate of Rs. 25,500/- per cent. Having gone through the judgment of the reference court, I feel that the learned Judge has appreciated the evidence correctly and has come to a more or less correct decision regarding market value of the property at the relevant time. Moreover, I notice that a Division Bench LAA.No.1553/05 2 of this court has dismissed the appeals filed against two other cases covered by the very same common judgment. For both these reasons, the appeal will stand dismissed. No costs. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.1553/05 2