IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 LA.App..No. 860 of 2004(D) -------------------------- LAR.80/1997 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- 1. ULAHANNAN ABRAHAM, KONATTU HOUSE, KAKKANAD. 2. ALEYAMMA W/O. LATE KURUVILA, ACHAPPAN NAIR KAVALA, KUMARAPURAM, KIZHAKKAMBALAM. 3. SINDHU D/O. LATE KURUVILA, ACHAPPAN NAIR KAVALA KUMARAPURAM, KIZHAKKAMBALAM. 4. SEENA D/O. LATE KURUVILA, ACHAPPAN NAIR KAVALA, KUMARAPURAM, KIZHAKKAMBALAM. 5. JOHN S/O. LATE KURUVILA, ACHAPPAN NAIR KAVALA, KUMARAPURAM, KIZHAKKAMBALAM. ADV. SRI.M.M.ALIAS FOR R1 SRI.G.S.REGUNATH, SC, KSIDC(NO MEMO) THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.860 OF 2004 ------------------------ Dated this the 22nd day of July, 2009 JUDGMENT Pius C.Kuriakose, J. We do not find any ground to admit this appeal which pertains to acquisition of land in Kakkanadu Village for the purpose of KINFRA pursuant to Section 4(1) notification published on 1/11/1995. The awarding officer included this property in category 7 and awarded land value at the rate of Rs.8,600/- per Are. The reference court, on evaluating the evidence which was adduced by the claimants, would refix the land value at Rs.9460/- per Are. 2. Having gone through the impugned judgment, we feel that the finding of the learned Subordinate Judge regarding the market value of the acquired property is well founded on legal evidence which was available on record. We also feel, having regard to the lie and location of the acquired property which is not far away from the District Headquarters, that it is more or less the correct market value of the property which is arrived at L.A.A..No.860/2004 2 by the learned Subordinate Judge under the impugned judgment. The appeal will stand dismissed in limine. No costs. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk