The Special Tahsildar (La) vs A.Sarojini on 31 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 654 of 2008()


1. THE SPECIAL TAHSILDAR (LA), KOZHIKODE.
                      ...  Petitioner

                        Vs



1. A.SAROJINI, KUNNAMPARAMBATH
                       ...       Respondent

2. SURESH BABU, KUNNAMPARAMBATH KARIMBAYIL

3. SYLENDRAN, KUNNAMPARAMBATH KARIMBAYIL

4. SUJATHA, KUNNAMPARAMBATH KARIMBAYIL,

5. AJITHA, KUNNAMPARAMBATH KARIMBAYIL,

6. SUMA, KUNNAMPARAMBATHKARIMBAYIL,

7. MINI, KUNNAMPARAMBATH KARIMBAYIL,

8. NANDINI, KUNNAMPARAMBATH KARIMBAYIL,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :31/03/2008

 O R D E R
            KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
           ----------------------------------------------------------------
                           L.A.A. NO.654 OF 2008
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                  Dated this the 31st day of March, 2008

                                  JUDGMENT

Kurian Joseph, J.

This appeal is filed against the judgment and decree in L.A.R.

No.437 of 1997 on the file of the Principal Sub Court, Kozhikode.

Acquisition is for the purpose of widening of Pottammal-

Manathalathazham road. The Land Acquisition Officer fixed land value at

Rs.13,446/- per cent. The extent of land involved is 3.14 cents. The

reference court fixed land value at Rs.25,000/- per cent. It is seen that the

reference court has referred to Ext.A4 judgment in L.A.R. No.119 of 1998

for the purpose of a reasonable enhancement. Though there is a finding

that the properties are not similar and similarly situated, in view of the

comparative disadvantages reasonable reduction from Ext.A4 has been

made and the value has been fixed at Rs.25,000/-.

We find that the reference court has thus made just and proper

fixation with regard to compensation in respect of the properties under

acquisition. There is no contra evidence to upset the finding. The appeal

L.A.A.NO.654/2008 2

is without merit and it is accordingly dismissed. I.A. No.1476 of 2008 is

also dismissed.

(KURIAN JOSEPH, JUDGE)

(HARUN-UL-RASHID, JUDGE)

sp/

L.A.A.NO.654/2008 3

KURAIN JOSEPH &
HAURN-UL-RASHID, JJ.

L.A.A. NO.654/2008

JUDGMENT

31st MARCH, 2008