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 27TH MAY 2009 / 6TH JYAISHTA 1931 LA.App..No. 963 of 2007() ------------------------- LAR.236/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) AIRPORT, KANNUR, MATTANNUR. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT ------------------------ ATTIYEDATH OMANA, D/O. KUNHAMBU, SANTHOSH NIVAS, KEEZHALLUR AMSOM, PERAVOOR DESOM, P.O. KARA PERAVOOR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No. 963 OF 2007 ------------------------ Dated this the 27th day of May, 2009 JUDGMENT Pius C.Kuriakose, J. Even though Sri.P.K.Babu, learned senior Government Pleader would address us extensively, we do not find any warrant for interference. The acquisition was for the purpose of Kannur Airport. The land acquisition officer granted land value at the rate of Rs.500/- per cent. The evidence before the reference court consisted of the oral testimony of AW-1 claimant and Ext.X-1 report prepared by an advocate commissioner on the basis of a local inspection. Even though the claimant produced Exts.A1 and A2 documents (not referred in the appendix to the judgment) and Exts.A1 and A2 revealed a much higher land value, the court below did not become inclined to rely on them. Ultimately what the court below did was to do guess work and concluded that the correct market value of the property at the relevant time is Rs.2,47,000/- per hectare. We feel that it L.A.A.No.963/2007 2 is a good guess that has been made by the learned Judge regarding the correct market value. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk