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 28TH JULY 2011 / 6TH SRAVANA 1933 LA.App..No. 1228 of 2010() ------------------------- LAR.188/2008 of SUB COURT, PAYYANNUR .................. APPELLANT / PETITIONER/CLAIMANT : ---------------------------------------------------------- KOZHUMMAL KRISHNAN NAIR, S/O.KUNHAMBU PODUVAL, RAMANTHALI PO, THROUGH P.A.HOLDER, P.T.RUGMINI AMMA, W/O.KOZHUMMAL KRISHNAN NAIR, AGED 69 YEARS, RAMANTHALI AMSOM DESOM, THALIPARAMBA TALUK. BY ADVS. SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. THE DISTRICT COLLECTOR, KANNUR - 670 001. 2. THE SPECIAL TAHASILDAR (LAND ACQUISITION), EZHIMALA NAVAL ACADEMY, PAYYANNUR - 670 307. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 1228 of 2010 --------------------------------- Dated this the 28th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Eventhough various grounds are raised in the appeal when the appeal came up for hearing, learned counsel for the appellant gave only thrust on the following two points. (1) There has been calculation mistake in the reference court's award while directing deduction of the amount awarded by the Land Acquisition Officer to the value of improvement as it is the method of land value which was adopted by the Reference Court. The court did not appreciate the arguments that the Land Acquisition Officer had not awarded the statutory benefit on the compensation redetermined under section 28 A. According to us both these grievances can be better got redressed by the appellant by moving the Reference Court by appropriate petition for review. Permitting the petitioner to do so, we dismiss the appeal but without any order as to costs. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.1563/2007 2