IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 795 of 2008()
1. DISTRICT COLLECTOR, MALAPPURAM.
... Petitioner
Vs
1. ADHIKARAKUNNATH RUGMINI AMMA (DIED),
... Respondent
2. PREMALATHA, D/O.A.K.RUGMINI AMMA,
3. VATHSALA, D/O.A.K.RUGMINI AMMA,
4. PRASANA, D/O.A.K.RUGMINI AMMA,
5. BALAKRISHNAN NAIR, H/O.A.K.RUGMINI AMMA,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.K.RAMACHANDRAN (NO MEMO)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :17/08/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A.No.795 OF 2008
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Dated this the 17h day of August, 2009
JUDGMENT
Pius C.Kuriakose, J.
This is an appeal preferred by the Government. The
acquisition was pursuant to Section 4(1) notification published on
1-2-1994. The property was in Malappuram village and within
the limits of the Malappuram Municipal town. The land
acquisition officer awarded land value at the rate of Rs.5,837/-
per cent. The reference court under the impugned judgment,
on the basis of the evidence which came on record, refixed the
land value at Rs.10,000/- per cent.
2. Having gone through the impugned judgment and having
heard the submissions of Smt.Latha T.Thankappan, learned
senior Government Pleader for the appellant and those of Sri.
K.Ramachandran, learned counsel, who has taken notice on
behalf of the respondent claimant, we are of the view that the
enhancement granted by the reference court cannot be said to be
excessive. Findings of the learned Subordinate Judge is justified
on the basis of the evidence which is actually available on record.
LAA.No.795/2008 2
According to us, there is no warrant for interference at the
instance of the Government. The appeal will stand dismissed.
No costs.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
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