IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 LA.App..No. 1139 of 2008(D) --------------------------- LAR.221/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: ---------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.BASANT BALAJI RESPONDENT/CLAIMANT: --------------------------- S.NIZAMUDEEN, T.C. 3/2777(3), SONA BUILDERS, PATTOM P.O., THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2527 OF 2008 IN LAA NO.1139 OF 2008 DISMISSED. 8.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1139 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 8th July, 2008 JUDGMENT This appeal by the Government pertains to acquisition of 0.07 ares of land in Survey No.116 of Kowdiar Village for the purposes of widening of the road Kesavadasapuram to PMG Reach II pursuant to notification under Section 4(1) dated 28.4.1999. The land acquisition officer had fixed the land value at the rate of Rs.3,18,416/- per are which was enhanced by the reference court to Rs.6,10,493/- per are. The reference court had mainly relied on Ext.A2 judgment of the same court in LAR No.115/2003. The Registry reports that Ext.A2 has attained finality in the sense that no appeal had been preferred against Ext.A2. I have gone through the judgment of the reference court. The particulars available from that judgment are not sufficient to say that the learned Subordinate Judge was justified in relying on Ext.A2 judgment. At the same time I notice that the total stakes involved in this case is only Rs.20477/-. It is also to be noticed that there was justification for granting some enhancement considering the importance of the locality and the prevailing market rates. Though the judgment of the reference court lacks in clarity, I am not inclined to interfere with the same, in view of smallness of the stakes LAA No.1139/08 - 2 - involved herein. The appeal fails and the same will stand dismissed in limine. However, this judgment will not be quoted as a precedent in any other case. srd PIUS C.KURIAKOSE, JUDGE