IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 LA.App..No. 849 of 2010() ------------------------- LAR.62/2005 of SUB COURT, OTTAPPALAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, (G) NO.II,PALAKKAD. BY SR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ 1. VASANTHYDEVI, AGED 51 YEARS, W/O. SREEKUMAR, RESIDING AT DEPASREE, ARIYUR THEKKUMURI, OTTAPALAM TALUK. 2. SREEJITH, AGED 27 YEARS, S/O. SREEKUMAR, RESIDING AT DEPASREE, ARIYUR THEKKEMURI, OTTAPALAM TALUK. 3. DEEPAK, S/O. SREEKUMAR, RESIDING AT DEPASREE, ARIYUR THEKKEMURI, OTTAPALAM TALUK. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 & 3 SRI.K.RAVI (PARIYARATH) FOR R1 &3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 849 of 2010 ``````````````````````````````````````````````````````` Dated this the 16th day of March, 2011 J U D G M E N T Pius C. Kuriakose, J. Eventhough Smt.Latha T. Thankappan, learned senior Government Pleader, addressed very strenuously on the basis of the various grounds raised in this appeal, we are not inclined to interfere with the award of the reference court. The property was in Ottappalam-II village within the area of Ottappalam Municipality. Purpose of the acquisition was upgradation of Palakkad-Shornur road, which means that the properties were already enjoying main road frontage. 2. Eventhough Ext.A1 relied on by the court below was a post notification document, we notice that the court below did not award the full value reflected in Ext.A1. Taking into account the market value of land in Ottappalam at the relevant time, on the basis of other judgments of this Court, LAA.849/2010 : 2 : we feel that the rate presently awarded is not excessive. Appeal will stand dismissed. No costs. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (N.K.BALAKRISHNAN, JUDGE) aks // True Copy // P.A. To Judge