IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 LA.App..No.1016 of 2009 (D) -------------------------------- LAR.54/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA REP THE DISTRICT COLLECTOR, IDUKKI. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANTS (8-10 ADDL. CLAIMANTS): -------------------------------------------------------------- 1. NARAYANAN NAIR, S/O.NEELAKANDAN NAIR PADMAVILASAM, MANAKKAD (DIED) 2. JAGADAMMA, W/O NARAYANAN NAIR, PADMAVILASAM, MANAKKAD . 3. OMANA D/O.NARAYANAN NAIR, PADMAVILASAM, MANAKKAD . 4. NEELAKANDARAJU, S/O.NARAYANAN NAIR, PADMAVILASAM, MANAKKAD 5. PADMAPRABHA, S/O.NARAYANAN NAIR, PADMAVILASAM, MANAKKAD.[DIED] 6. SANTHI, D/O.NARAYANAN NAIR, PADMAVILASAM, MANAKKAD . 7. BINDU, D/O.NARAYANAN NAIR, PADMAVILASAM, MANAKKAD . 8. ANITHA, W/O.PADMAPRABHA,AGED 43 YEARS, PADMAVILASAM, MANAKKAD . 9. VISHNUPRABHA, S/O.PADMAPRABHA,AGED 19 YEARS, PADMAVILASAM, MANAKKAD . 10. VARNA PRABHA, D/O.PADMAPRABHA,AGED 19 YEARS PADMAVILASAM, MANAKKAD . THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1016 of 2009 ------------------------------------------------ Dated this the 9th day of September, 2009 JUDGMENT Pius C. Kuriakose, J Even though Sri.Basant Balaji, the learned Senior Government Pleader addressed us very strenuously on the various grounds raised in the memorandum of appeal, we are not inclined to entertain this appeal. The property under acquisition was in Manakkad village within the limits of Thodupuzha municipality, but not in the central areas of Thodupuzha town. Acquisition was pursuant to notification published on 12/06/02. The Land Acquisition Officer awarded land value at the rate of Rs.27115/- per Are which was re- fixed by the court under the impugned judgment at Rs.80380/- per Are, thus granting an enhancement of more than 196% over what was awarded by the Land L. A. A. No.1016 of 2009 -2- Acquisition Officer. 2. Having regard to the decision taken by us in other cases (including LAA.1024/09) pertaining to the very same acquisition in the very same village and also the judgment of this Court in State of Kerala v. Jose Simon [2009(1) KLT 760] pertaining to acquisition of land in Thodupuzha village pursuant to a notification which is more than two years earlier, we are of the view that the rate now fixed under the impugned judgment cannot be said to be excessive. 3. The appeal is dismissed in limine. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-