IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 LA.App..No. 412 of 2007() ------------------------- LAR.125/2002 of SUB COURT, THALASSERY .................... APPELLANT: RESPONDENTS ---------------------- 1. THE SPECIAL TAHSILDAR, LA, RAILWAY, KANNUR. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, KOZHIKODE. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANTS ---------------------- 1. MEETHALE KUNNATHU ALIAS PANOTE SARADA, W/O.LATE MUKUNDAN, M.K.HOUSE, CHOLA PANTHRANDUKANDY P.O., THOTTADA, EDAKKAD AMSOM, KANNUR TALUK. 2. MEETHALE KUNNATHU ALIAS PANOTE PREETHA, D/O.LATE MUKUNDAN, M.K.HOUSE, CHOLA PANTHRANDUKANDY P.O., THOTTADA, EDAKKADA AMSOM, KANNUR DISTRICT. 3. MEETHALE KUNNATHU ALIAS PANOTE VINEETHA D/O.LATE MUKUNDAN, M.K.HOUSE, CHOLA PANTHRANDUKANDY P.O., THOTTADA, EDAKKAD AMSOM, KANNUR TALUK. 4. MEETHALE KUNNATHU ALIAS PANOTE NISHA, D/O.LATE MUKUNDAN, M.K.HOUSE, CHOLA PANTHRANDUKANDY P.O., THOTTADA, EDAKKAD AMSOM, KANNUR TALUK. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2008, ALONG WITH LAA 940/07 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- C.M.Application Nos.1079/07 in LAA 940/07, 2015/07 in LAA 1655/07, 967/08 in LAA 894/08 and L.A.A. Nos.412, 940, 1655 of 2007 & L.A.A.894 of 2008 ---------------------------------------------- Dated 26th June, 2008. J U D G M E N T Kurian Joseph, J. These appeals are filed by the State aggrieved by the fixation of land value by Sub Court, Thalassery. The acquisition is for the purpose of doubling of a railway line at Edakkad village. The extent involved in these cases is only very small, 0.988 cents, 1.606, 3.335 and 7.41 cents. The Land Acquisition Officer awarded land value at the rate of Rs.5,400/- per cent. The claimants had a case for at least Rs.20,000/- per cent. On the basis of the evidence available on record, viz. the report of the Advocate Commissioner as well as Ext.A5 judgment in LAR 445/01, the reference court fixed the land value at Rs.12,000/- per cent. It is seen that the respondents did not have any evidence before the reference court. The court has made the fixation appreciating the evidence tendered by AW1, the report of the Advocate Commissioner and the judgment in LAR 445/01. In LAA NO.412/07 & connected cases 2 the process it was found that the property covered by the acquisition and the property covered by the judgment in LAR 445/01 are similar and similarly situated. Therefore, there is no merit in the appeals. The delay petitions as well as the appeals are dismissed. The stay petitions in the appeals are also dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.412, 940, 1655 of 2007 & L.A.A.894 of 2008 ---------------------------------------------- J U D G M E N T Dated 26th June, 2008.