IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 LA.App..No. 1402 of 2005() -------------------------- LAR.146/1998 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT: ------------------------ THRESSIAMMA ABRAHAM, ROSE VILLA, VAZHAPPALLY EAST, CHANGANASSERY NOW RESIDING AT KAUSHIKAM HOUSE, KAMARATH LANE, ERNAKULAM. 2.GEORGE ABRAHAM THARAKAN, T.C.76/460, 54 ANAYARA NAGAR. ANAYARA P.O. TRIVANDRUM. 3.ANNIE ABRAHAM THARAKAN, KALPAKA CHAKOOKONAM .O. TRIVANDRUM. 4.P.A. MATHEW THARAKAN, KUTTUNGAL PARAYIL, 36, ANSAL'S RIVERDALE, ARAKAKADAVU, EROOR NORTH, ERNAKULAM. 5.ABRAHAM THARAKAN CHARUTHA, KUMBALAPPARAMBU ROAD, PONEKKARA, ELANKARAYIL, COCHIN. (CAUSE TITLE IS AMENDED AS PER ORDER IN I.A.3350-/2007 DATED 19/2/2009) ADV. SRI.ANTONY C. ETTUKETTIL FOR ADDL.R2-5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.1402 OF 2005 ------------------------ Dated this the 19th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. Heard both sides. 2. This appeal by the State pertains to acquisition of land for the construction of the Chenganassery Bye Pass. Relevant Section 4 (1) was published on 16/3/1995 and the awarding officer granted land value at the rate of Rs.16,667/- per cent which was enhanced by the reference court to Rs.35,000/- per cent on the basis of evidence which consisted of Exts.A1 to A3 , Exts.AW1 to AW5 , Ext.C1 to C2, Exts.R1 & R2 and RW1. 2. Having gone through the impugned judgment, we feel that the findings of the learned Subordinate Judge are founded on evidence which is actually available on record. Moreover it is brought to our notice that in cases covered by the very same section 4(1) notification, the acquisition officer had awarded the same rate and this court has approved such enhancement granted. L.A.A..No.1402/2005 2 For all these reasons, the appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk