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 5TH AUGUST 2009 / 14TH SRAVANA 1931 LA.App..No. 211 of 2009() ------------------------- LAR.10/2007 of SUB COURT,NEYYATTINKARA .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANTS: ------------------------- MUHAMMED HANEEFA, T.C 46/443, NAJI MANZIL, PALLITHERUVU, POONTHURA P.O. ADV. SRI.J.HARIKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.211 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. By our order dated 30/07/209, we found that the reliance placed on Ext.A1 was justified. The Registry now reports to us that the government has not preferred any appeal against Ext.A1. On going through the impugned judgment, we find that the court below has relied on Ext.A2 also . Ext.A2 was a sale deed in respect of a comparable property executed in favour of Govt. of India Oil Company. It is seen that it is more or less the value seen paid under Ext.A2 executed more than three years earlier which the learned Subordinate Judge has granted. According to us, it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. The appeal will stand dismissed without prejudice to the claims of the claimant in the appeal preferred by them. PIUS C.KURIAKOSE JUDGE P.Q.BARKATH ALI sv. JUDGE sv.