IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 LA.App..No.515 of 2008 (C) ------------------------------- LAR.48/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT/2ND RESPONDENT ------------------------------------------------------ 1. BABY, W/O KUTTAN NADAR, ALUMUNAVILA VEEDU, POTTAYIL, VILAVOORKAL. 2. THE SCRETARY, CORPORATION OF THIRUVANANTHAPURAM. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R2 SRI.P.K.MANOJKUMAR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.515 of 2008 ------------------------------------------------ Dated this the 20th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal preferred by the Government pertains to acquisition of land in Vilappilsala village in Neyyattinkara Taluk for the purpose of construction of a dumping yard for the Thiruvananthapuram Corporation. The relevant Section 4(1) notification was published on 10/11/2000. The Land Acquisition Officer awarded land value at the rate of Rs.14,107/- per Are which was re-fixed under the impugned judgment and other cases at Rs.24,700/- per Are. It is brought to our notice that the re-fixation at the same rate of Rs.24,700/- per Are for similar properties has been approved by this Court in other cases. Thus, we do not L. A. A. No.515 of 2008 -2- find any warrant for interference with the re-fixation of the land value by the Reference Court. 2. Smt.Latha T. Thankappan, Senior Government Pleader submitted that the correct date of take over of possession is 15/05/01 and the correct date of passage of award is 23/06/01. According to her, the components under Section 23(1A) and under Section 9 and under Section 28 will have to be changed on the basis of the correction in these dates. The submission of Smt.Latha T. Thankappan appears to be correct. But we do not propose to decide that issue. We permit the Government to file a proper application before the Reference Court under Sections 152 and 153 of the Civil Procedure Code so that the learned Subordinate Judge can make necessary corrections after perusing the records. L. A. A. No.515 of 2008 -3- 3. Appeal will stand dismissed subject to the above observations. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-