IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 794 of 2009()
1. STATE OF KERALA
... Petitioner
Vs
1. VARKEY PATHROSE, CHORAKASSERIL,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/07/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.794 OF 2009
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Dated this the 23rd day of July, 2009
JUDGMENT
Pius.C.Kuriakose, J.
Even though some of the grounds raised in the memorandum of
appeal are attractive and Sri.Basant Balaji, learned senior Government
Pleader addressed us on all those grounds, we do not find any
justification for entertaining this appeal. The property was in
Kanakkari village and the acquisition was for the purpose of MVIP
Branch Canal. The relevant Section 4(1) notification was published on
2-1-2002. The land acquisition officer awarded land value at the rate
of Rs.9425/- per Are. The reference court under the impugned
judgment refixed the same at Rs. 16,022.80 per Are.
Having gone through the impugned judgment, we find that the
findings of the learned Subordinate Judge regarding the market value is
based on legal evidence which was available on record. Having regard
to the importance of the locality, we also feel that it is more or less the
correct market value of the property at the relevant time which has been
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arrived at by the learned Subordinate Judge.
The appeal will stand dismissed in limine.
PIUS.C.KURIAKOSE
JUDGE
P.Q.BARKATH ALI
JUDGE
sv.
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