IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 LA.App..No. 808 of 2008() ------------------------- LAR.125/1993 of ADDL.SUB COURT, KOLLAM ................. APPELLANT / RESPONDENT : ------------------------------------------ STATE OF KERALA, REP. BY ADDL. GOVT. PLEADER BY GOVT. PLEADER T.T. JOSEPHINA RESPONDENTS / CLAIMANTS : --------------------------------------------- 1. SUMATHYAMMA, CHIRAYUDE KAROTTU VEEDU, PERUMAN KIZHAKKECHERRI. 2. REMADEVI AMMA,CHIRAYUDE KAROTTU VEEDU, PERUMAN KIZHAKKECHERRI. 3. MURALEEDHARAN PILLAI, CHIRAYUDE KAROTTU VEEDU, PERUMAN KIZHAKKECHERRI. 4. GOPALAKRISHNA PILLAI, CHIRAYUDE KAROTTU VEEDU, PERUMAN KIZHAKKECHERRI. 5. SANKARA PILLAI, PANDAKASALA PUTHEN VEEDU, VELIMON, PERINADU VILLAGE. 6. LEELA BAI AMMA, SURESH SADHANAM, PERUMAN KIZHAKKECHERRI. BY ADV. SRI.K.KARTHIKEYA PANICKER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.808 of 2008 and C.M.Application No.929 of 2008 ------------------------------- Dated this the 16th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Delay is condoned despite the fact a counter affidavit has been filed by the claimants, as we notice that the appeal can be decided in favour of the respondents immediately. 2. In this appeal preferred by the Government under challenge is the refixation of compensation of land in Panayam village, acquired pursuant to Section 4(1) notification published on 6.5.1986 for Perumon Special Refactories. The LAO awarded land value at Rs.4,761/- per are including the property in category 3. The reference court considered this case alongwith a number of other cases wherein properties in other categories were also involved. On evaluating the evidence, which consisted of Exts.A1 to A3, PW1, B1 to B3 and RW1, the learned Sub 2 L.A.A.No.808 of 2008 Judge would refixed the land value at Rs.18,525/- per are. Eventhough several apparently attractive grounds have been raised and the learned Government Pleader Smt.T.T.Josephina addressed submissions before us based on the grounds, having carefully gone through the impugned judgment, we are of the view that it is more or less the correct market value at the relevant time, which has been arrived at by the learned Sub Judge. The learned Sub Judge has noted the importance and potentialities of the land acquired in view of its nearness to the various establishments and institutions in the locality. According to us, there is no reason warranting interference. The appeal will stand dismissed accordingly, however without any order as to costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/