IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 LA.App..No. 2485 of 2008() -------------------------- LAR.178/2005 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT(S)/1ST RESPONDENT: -------------- STATE OF KERALA, REP. BY DIST. COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S)/CLAIMANT: --------------- PARAMESWARAN NAIR, KESAVAN NAIR, THEKKUMPOOVAMPALLITHARAYIL, KARANATTU HOUSE, MANNAR KARA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. ------------------------ L.A.A.No. 2485 OF 2008 ------------------------ Dated this the 8th day of January, 2009 JUDGMENT Pius C.Kuriakose,J. This appeal by the Government is directed against the judgment and decree of the land acquisition court in a case pertaining to acquisition of land in Kaduthuruthy village for the establishment of the Government Polytechnic in Kaduthuruthy. The relevant notification under Section 4(1) was on 4/11/2003 and the land acquisition officer awarded land value at the rate of Rs.1335/- per Are relying on Exts.R1 and R3 basis documents, which reveal land value of Rs.1335/- per Are. Before the reference court, the respondent relied on Exts.A1 sale deed and also on Ext.C1 commissioner's report. The commissioner was also examined as AW 2. However, the court did not become inclined to rely on Ext.A1 , Ext.C1 or the testimony of AW2. What the court did was to notice that the basis documents were executed long prior to the date of the relevant section 4(1) notification. The court, L.A.A..No. 2485/2008 2 therefore, took judicial notice of the fact that the land value had been on the increase in the locality during the relevant time and granted enhancement. We do not think that there is any infirmity in what the court below did. We are not inclined to admit this appeal. This appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE M.C.HARI RANI, JUDGE dpk,