IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 874 of 2008() ------------------------- LAR.45/2005 of SUB COURT, PALA .................... APPELLANT(S): RESPONDENTS: -------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. GOVERNMENT PLEADER SRI.V.T..K.MOHANAN RESPONDENT(S): CLAIMANT: ------------------------ V.V. ABRAHAM, S/O. VARGHESE, VETTURPADIJATTUBHAGOM, ETTUMANOOR. ADV. SRI.P.C.HARIDAS FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.874 OF 2008 ------------------------ Dated this the 17th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. We have gone through the impugned judgment. We have heard the submissions of Sri.V.T.K.Mohanan, learned senior Government Pleader for the appellant and also those of Sri.P.C.Haridas, learned counsel for the claimant. The acquisition was of property in Kuruvilangad village for the purpose of construction of MVIP canal. Relevant section 4(1) notification was published on 13/8/2004. The land acquisition officer awarded land value at the rate of Rs.10639/- per Are. The reference court, on evaluating the evidence, which consisted of Ext.A1 to A5, AW1 and Exts.C1 & C1(a) and Ext.R1 (documents pertaining to the award file), would refix the land value at the rate of Rs.25,000/- per Are. On going through the impugned judgment, it is seen that absolutely no counter oral evidence was adduced by the Government to the evidence which was adduced by the claimant. We are of the view that the appreciation of the evidence by the learned Subordinate Judge was proper and it is LAA.No.874/2008 2 more or less the correct market value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. We do not find any warrant for interference at the instance of the Government. The appeal will stand dismissed. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk