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 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 LA.App..No. 1811 of 2008() -------------------------- LAR.537/1994 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA. BY SR. GOVERNMENT PLEADER SRI.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------- OUSPEH DEVASSY, MOONJELY, VADAKKUMBHAGAM, MANJAPPRA. ADV. SRI.B.JAYASANKAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1811 of 2008 ------------------------------------------------ Dated this the 23rd day of February, 2010 JUDGMENT Pius C. Kuriakose, J Even though several grounds have been raised in this appeal and Smt.Latha T. Thankappan, the learned senior Government Pleader addressed arguments on the basis of all those grounds, the only one ground which appeals to us is the ground that proper multiplier was not adopted by the court below for determining the compensation by capitalisation of income. We find force in the submission of the senior Government Pleader that the correct multiplier to be adopted is 12. L. A. A. No.1811 of 2008 -2- 2. As directed by us, the learned counsel for the respondent has prepared a statement re- calculating the compensation adopting the multiplier of 12. We went through the above statement and find that the same is correct. We accept the above statement and modify the impugned judgment, reduce the total compensation receivable by the respondent to Rs.1,35,680/-. The appeal is decreed accordingly. The parties are directed to suffer their respective costs. 3. It is needless to mention that the respondent will be entitled for all statutory benefits under sections 23(2), 23(1A) and under section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes L. A. A. No.1811 of 2008 -3- eligible by virtue of this judgment. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-