IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 LA.App..No. 269 of 2011() ------------------------- LAR.50/2004 of PRINCIPAL SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT NO.1 IN LAR: ------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.), KOZHIKODE. BY SR.GOVERNMENT PLEADER SRI. V.T.K. MOHANAN RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR: ----------------------------------------------------------------------------------------------- 1. C.K.MAMMED KOYA "BAITHUL SHAMEERA"(H)", KARAPARAMBA - 673 010. 2. AYISHABI, "BAITHUL SHAMEERA"(H)", KARAPARAMBA - 673 010, BY P.A.HOLDER MOIDEEN KOYA, S/O. ABDUL KHADER, C.K.HOUSE, KARUVASSERY, VENGERI KOZHIKODE - 673 010. 3. THE SECRETARY, KOZHIKODE CORPORATION. R3 BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.269 of 2011 ------------------------------- Dated this the 19th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Eventhough service is complete on the respondents they have not entered appearance before this Court to resist the same. The property was in Vengeri Village and situated near to Karaparamba Junction within the limits of Kozhikode Corporation. The acquisition was for the purpose of laying a pipe line and for the construction of water tanks for Kerala Water Authority. Notification under Section 4(1) was published on 14.7.2000 and the LAO fixed land value at Rs.10,975/- per cent. Reference court on evaluating the evidence, which consists of Exts.A1 to A3, R1 to R20 and X1 Commission report, had re-fixed the land value at Rs.55,000/- per cent. Eventhough apparently attractive grounds have been raised in the appeal memorandum and Mr.V.T.K.Mohanan, learned 2 L.A.A.No.269 of 2011 Sr.Government Pleader addressed arguments on those grounds, and Sri.K.D.Babu, standing counsel for Kerala Water Authority endorsed all the submissions of Sri.Mohanan, we are not inclined to interfere. We have carefully gone through the impugned judgment. According to us, the learned Sub Judge has made a correct appreciation of the evidence on record and arrived at a market value, which in our opinion is more or less the correct market value of the property at the relevant time. In this context, we keep in mind various judgments of this Court fixing land value in Vengeri Village acquired for the purpose of Kozhikode bye-pass. We do not find anything warranting interference and accordingly the appeal stands dismissed. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/