IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 LA.App..No. 612 of 2009() ------------------------- LAR.174/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.), THALASSERY. 2. THE CHIEF CONSERVATOR OF FOREST,(W.L.), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. K.J.USHA, D/O. UNNIKUNHU, KURUTHIKKALAM, P.O.VARAYAL, THALAPPUZHA, MANANTHAVADY. 2. K.J.BEENA, D/O. UNNIKUNHU, KURUTHIKKALAM, P.O.VARAYAL, THALAPPUZHA, MANANTHAVADY. 3. K.J.SHAN, S/O. UNNIKUNHU, KURUTHIKKALAM, P.O.VARAYAL, THALAPPUZHA, MANANTHAVADY. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.612 OF 2009 ------------------------ Dated this the 17th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. Even though Sri.Basant Balaji, learned senior Government Pleader has addressed us very strenuously, we are not inclined to admit this appeal. The acquisition was for the purpose of Elephant Corridor in Kottiyoor Village. Relevant Section 4 (1) notification was published on 11/11/1999. The land acquisition officer awarded land value at the rate of Rs.405/- per cent. The reference court relying on Exts.A2 and report of the advocate Commissioner, refixed the land value at Rs.1000/- per cent. The advocate commissioner, who inspected the acquired property as well as Ext.A2 property, has recommended that market value is in between Rs.1000/- and Rs.1500/- per cent. In his evidence, the advocate Commissioner testified in terms of the report. Significantly, the advocate commissioner was not cross examined by the Government. Under these circumstances, we cannot find any fault on the learned Subordinate Judge for having relied on the L.A.A..No.612/2009 2 Commission report and Ext.A2 and refixed the land value at Rs.1000/- per cent. The appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk