IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 LA.App..No. 215 of 2009() ------------------------- LAR.234/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR,LA, KANNUR AT MATTANNUR. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS ------------------------ 1. ALAKANDY DIVAKARAN,S/O.KUNHIRAMAN, KALATHILPARAMB HOUSE, PALAYODE.P.O, KEEZHALLUR. 2. ALAKANDY RAJAN, S/O.KUNHIRAMAN, KALATHILPARAMB HOUSE, PALAYODE.PO, KEEZHALLUR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.215 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. We have carefully gone through the judgment impugned in this appeal. To our mind, the approach of the learned Subordinate Judge in the matter has been reasonable and it is more or less the correct market value at the relevant time which has been arrived at by the learned Subordinate Judge. As directed by us, Registry has incorporated copies of the judgment in L.A.A.Nos. 1076/07, 57/05 and common judgment in L.A.A.No.892/06 series. We find that L.A.A.No.1076/07 arose from the judgment in L.A.R.No.246/01 wherein the court below fixed land value at the rate of Rs.5,000/- per cent based on the document which was marked as Ext.A1 in that case and other items of evidence. This court noticed that in 38 other connected cases, the reference court had granted land value at the rate of Rs. 1500/- per cent and that considering appeals preferred by the State, all those cases were remanded to the reference court. This court further noticed some merit in the contention of the learned Government Pleader that the reference court had failed to deduct proportionate extent of land value for the LAA.No.215/09 2 improvements which had been valued separately. For all these reasons, L.A.A.No.1076/07 was remanded. Under the judgment in L.A.A.No.570/04 this court confirmed the enhancement granted for the same purpose at the rate of Rs. 1,000/- per cent. Under the common judgment in L.A.A.No.892/06 series also this court passed an order of remand to the reference court. But that was done taking into account a submission made on behalf of the claimant that in connected matters, after remand, land value had been refixed at the rate of Rs. 5,000/- per cent. As already stated land value fixed by the reference court in this case is at the rate of Rs. 1,500/- per cent and the finding of the reference court is based not only on the court judgments produced by the parties but also on Ext.B4 document. According to us, reliance placed on Ext.B4 document for fixing market value at the rate of Rs. 1,500/- per cent is justified. We do not find any reason to interfere with the impugned judgment. Appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv LAA.No.215/09 2