IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 LA.App..No. 306 of 2009() ------------------------- LAR.49/2003 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY DISTRICT COLLECTOR, WAYANAD (ADDL. TAHILDAR, SULTHAN BATHERY AND LAND ACQUISITION OFFICER, KARAPUZHA IRRIGATION PROJECT) BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- K.G.SCARIA, S/O.LATE GEORGE, KOODAKKATTIL HOUSE, P.O.NELLARACHAL. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.306 OF 2009 ------------------------ Dated this the 18th day of March, 2009 JUDGMENT Pius C.Kuriakose, J. The grounds raised in this memorandum of appeal cannot be said to be unattractive. In fact the learned senior Government Pleader addressed serious arguments also. But, we find that the respondent is an agriculturist, who is hailing from Wayanad District and the total enhanced compensation awarded to him is only Rs.23630/- per Are, we are not inclined to interfere with the judgment of the reference court taking into account the circumstances which are prevailing presently in the Wayanad District on account of the unforeseen drought . The appeal will stand dismissed in limine. It is made clear that this judgment will not be quoted as a precedent for any other land acquisition cases. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk