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 20TH JULY 2011 / 29TH ASHADHA 1933 LA.App..No. 670 of 2008() ------------------------- LAR.17/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), THODUPUZHA. BY GOVERNMENT PLEADER SMT. T.T.JOSEPHINA RESPONDENT(S): ADDL.CLAIMANTS ----------------------------- 1. ANNAKUTTY POULOSE THANNIKKAMATTATHIL HOUSE, VENGALLOOR P.O. 2. SHAJU PAUL THANNIKKAMATTATHIL HOUSE, VENGALLOOR P.O. 3. SHYNI PAUL THANNIKKAMATTATHIL HOUSE, VENGALLOOR P.O. 4. SETRIC PAUL THANNIKKAMATTATHIL HOUSE, VENGALLOOR P.O. 5. AJU PAUL THANNIKKAMATTATHIL HOUSE, VENGALLOOR P.O. ADV. SRI.T.J.MICHAEL FOR R1-5 SRI.JOSE MATHEW (KAVALAKALAM) FOR R1-5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 670 of 2011 ----------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T Pius C.Kuriakose, J. The Government is in appeal being aggrieved by what is described as the excessive compensation awarded to the claimants. The property was in Thodupuzha Village and the acquisition was for the purpose of construction of Vengalloor - Mangattukavala Road pursuant to Section 4(1) Notification published on 1-6-1979. The reference court has re-fixed the value of the land on the basis of the evidence at Rs.21,720/- per cent. Though apparently attractive grounds are raised and Smt. Josephina, learned Govt. Pleader addressed submissions based on all the grounds, having taken into account various judgments of this Court pertaining to acquisition of land in Thodupuzha and other villages within the area of Thodupuzha Municipality more or less at the LAA. 670/08 -2- same time, we are of the view that the rate fixed by the reference court is not excessive. The appeal is dismissed. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-