IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 LA.App..No. 1659 of 2008(D) --------------------------- LAR.199/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- SPECIAL TAHSILDAR (L.A.), THALASSERY. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): RESPONDENTS/CLAIMANTS AND R2 ------------------------------------------- 1. C.P.ROHINI, W/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 2. V.K.THILAKARAJAN, S/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 3. V.K.VINAYARAJAN, S/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 4. V.K.PRASANNARAJAN, S/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 5. V.K.JAYARAJAN, S/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 6. V.K.SOBHANA, D/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 7. V.K.SHUBANA, D/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 8. V.K.LATHIKA, D/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 9. V.K.RAVEEVAN, S/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 10. V.K.PRADEEPAN, S/O. ACHUTHAN, V.K.HOUSE, NEAR INDIAN OIL DEPOT, KANNUR. 11. THE SECRETARY, KANNUR MUNICIPALITY, KANNUR. ADV. SRI.K.K.CHANDRAN PILLAI FOR R11 SRI.A.S.SAJUSH PAUL FOR R11 SRI.A.MOHAMED MUSTAQUE FOR R2 TO 7,9,10 SRI.KAUSER EDAPPAGATH FOR R2 TO 7,9.10 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1659 OF 2008 ------------------------ Dated this the 29th day of September, 2009 JUDGMENT Pius C.Kuriakose, J. The appeal is remaining in the defect list. But, we are in a position to decide the appeal itself immediately in favour of the respondents/claimants. 2. The acquisition was for the purpose of Bus stand at Thavakkara. The property under acquisition was wet land, for which the Land Acquisition Officer awarded land value at the rate of 3,734.82 per cent. The learned Sub Judge, relying on Ext.A1 sale Deed and the Advocate Commissioner's report, refixed the land value at Rs.8,000/- per cent. We find some force in the submission of the learned Government Pleader that the court below was not justified in deviating from the ratio maintained by the Land Acquisition Officer between the value of wet land and garden land. At the same time, we notice that the total stakes involved in this appeal is not much. It is below Rs.25,000/-. In view of the smallness of the stakes involved, we are not inclined to interfere with the impugned judgment. LAA.No.1659/2008 2 This appeal will stand dismissed. However, this judgment will not be quoted as a precedent in other cases. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk