IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 LA.App..No. 1445 of 2009() -------------------------- LAR.365/2005 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT NO.2: ------------------------------ MANAGING DIRECTOR, KSIDC REPRESENTED BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANTS AND R1: -------------------------------- 1. PUTHUKKUDI MUKUNDAN, S/O.KRISHNAN, SHARON NIVAS, VALIYAVELICHEM. 2. PUTHUKKUDI INDIRA, D/O.KRISHNAN, KRISHNALAYAM, VALIYAVELICHAM, MOORIYAD. 3. THE SPECIAL TAHSILDAR, LA, THALASSERY. GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1445 of 2009 ``````````````````````````````````````````````````````` Dated this the 20th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal, which is preferred by the requisitioning authority, is directed against the judgment and decree of the reference court. Under the impugned judgment, the reference court enhanced the market value of the acquired land as Rs.7,000/- per cent from Rs.2,148/- which is granted by the Land Acquisition Officer. The learned counsel for the appellant submits that it was relying on Exts.A2 and A3 judgments that the claimant respondent sought for enhancement. The learned Sub Judge discarded Exts.A1 and A2. But, ultimately what the learned Judge has done is to grant proportionate enhancement relying on Exts.A1 and A2. We do notice some merits in the submission of the learned counsel for the appellant that the reasoning adopted by the learned Sub Judge for granting enhancement is not sound. At the same time, we notice that the enhancement granted cannot LAA.1445/09 : 2 : be said to be excessive because the enhancement at the granted rate has been approved by us in certain other cases. We, therefore, do not entertain this appeal. The appeal is dismissed. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks