IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 LA.App..No. 713 of 2009() ------------------------- LAR.112/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ * [ 1. VELAYUDHAN NAIR, PALMGROVE BUNGLOW, KOCHUVELI, THIRUVANANTHAPURAM. ] (DIED) 2. SASIKALA, PALMGROVE BUNGLOW, KOCHUVELI, THIRUVANANTHAPURAM. 3. SUSHAMA RAMACHANDRAN, CAHNDRANILAYAM, APPANPILLA ROAD, KOCHUVELI, THIRUVANANTHAPURAM. 4. KALYANIKUTTY AMMA, GOURISADANAM, KARIKKAKOM. 5. S.SINDHU, PLOT NO.347, PANAMPALLY NAGAR, ERNAKULAM. 6. MANAGER, SBT, KOCHI BRANCH. 7. THE DIRECTOR, TOURISM DEPARTMENT, VELI, THIRUVANANTHAPURAM. LAA.713/2009 - 2 - * ADDL R8 RAJESWARI AMMA, AGED 56 YEARS W/O.VALAYUDHAN NAIR, ALUVILA PUTHEN VEEDU, ARUMALOOR, KANDALA PO, THIRUVANANTHAPURAM * ADDL R9 V.AJITH KUMAR, AGED 36 YEARS, S/O.VELAYUDHAN NAIR, RESIDING AT - DO - - DO - * ADDL R10 R.V.ASA, AGED 35 YEARS, D/O.VELAYUDHAN NAIR, RESIDING AT - DO - - DO - * ADDL.R11 R.V.ANIL KUMAR, AGED 33 YEARS S/O.VELAYUDHAN NAIR, RESIDING AT - DO - - DO - (IMPLEADED AS ADDL.R8 TO R11 AS PER ORDER DATED 12.11.2009 IN IA.3978/09) ADV. SRI.G.S.REGHUNATH FOR R3 SRI.G.SREEKUMAR (CHELUR) FOR R5 SMT.PREETHY KARUNAKARAN FOR R5 SRI.THOMAS ABRAHAM FOR R4 SRI.DIPU.R FOR R4 SMT.MERCIAMMA MATHEW FOR R4 SRI.K.S.HARIDAS FOR R4 SRI.V.RENJITH KUMAR FOR R4 SRI.A.RAJASEKHARAN NAIR FOR R1 SRI.THIRUMALA P.K.MANI FOR ADDL.R8-R11 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 713 of 2009 C ``````````````````````````````````````````````````````` Dated this the 12th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The government is in appeal. The case pertains to acquisition of land in Kadakampally village for the purpose of Veli Tourism Project. The relevant Section 4(1) notification was published on 09-02-1998. The Land Acquisition Officer awarded land value at the rate of Rs.50,018/- per Are. The reference court, under the impugned judgment, relied on Ext.A10 judgment in L.A.R.No.119/2000. The learned Government Pleader herself brings to our notice that this Court has dismissed L.A.A.No.1761/2007, which was filed by the government against L.A.R.No.119/2000. That L.A.A. was dismissed. But the learned Government Pleader submits that for the land covered by that judgment, the Land Acquisition Officer had awarded a value of Rs.66,690/-. According to the learned Government Pleader, a proportionate reduction will have to be made in this case. We have considered the submissions of the learned LAA.713/09 : 2 : Government Pleader as well as those of Sri.G.Sreekumar, learned counsel for the 5th respondent and also Sri.G.S.Raghunath, who appears for the 3rd respondent. We have carefully gone through the impugned judgment. We are of the view that even leaving alone Ext.A10, the value of Rs.1 lakh per Are fixed for properties, which were in Veli, cannot be said to be excessive. We approve the enhancement granted in the impugned judgment and dismiss the appeal. No costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks