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 8TH OCTOBER 2009 / 16TH ASWINA 1931 LA.App..No. 1339 of 2008(D) --------------------------- LAR.80/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- THE SPECIAL TAHSLDAR (LA), RAILWAYS, ERNAKULAM, COCHI - 16. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS/2ND RESPONDENT. ---------------------------------------- 1. DAMODARANKARTHA (DIED), KOODAMANA, THEKKEDATH, THIRUVANKULAM. 2. KAYANIKUTTY AMMA, W/O. DAMODARAN KARTH (DIED), KOODAMANA, THEKKEDATH, THIRUVANKULAM. 3. SIVADASAN, S/O. DAMODARAN KARTH, KOODAMANA, THEKKEDATH, THIRUVANKULAM. 4. VISWANATHAN, S/O. DAMODHARAN KARTHA, KOODAMANA, THEKKEDATH, THIRUVANKULAM. 5. RADHAKRISHNAN S/O. DAMODARAN KARTH, KOODAMANA, THEKKEDATH, THIRUVANKULAM. 6. THE DEPUTY CHIEF ENGINEER, RAILWAYS,ERNAKULAM. ADV. SRI.P.S.SUNIL FOR R3-5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------------------- LAA. No. 1339 of 2008 ----------------------------------------------- Dated this the 8th day of October, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal need not be treated as defective since we are in a position to decide the appeal on merits immediately. The appeal pertains to acquisition of land in Thiruvankulam Village for the purpose of doubling of Railway Track between Ernakulam – Mulanthuruthy. The relevant Section 4(1) notification was published on 18-12- 2003. The L.A. Officer included the property in category -III and awarded land value at the rate of Rs.23834/- per Are. Reference Court on the basis of the evidence which came on record found that the property eligible to be included in superior category and accordingly re-fixed the market value of the land under acquisition at Rs.54,523/-. Having gone through the impugned judgment we don't find any warrant for interference with the impugned judgment. Taking into LAA. No. 1339/08 -2- account the evidence available on record, we are of the view that the Reference Court has arrived at more or less the correct market value of the property at the relevant time. Appeal is dismissed. No costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-