High Court Kerala High Court

State Of Kerala(Spl. Tahsildar) vs Dhanalakshmi on 23 January, 2009

Kerala High Court
State Of Kerala(Spl. Tahsildar) vs Dhanalakshmi on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1423 of 2007()


1. STATE OF KERALA(SPL. TAHSILDAR),
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER,

                        Vs



1. DHANALAKSHMI,
                       ...       Respondent

2. RAJANI.P,

3. RADHIKA.P,

4. RENUKA.P,

5. DEVAYANI AMMA, W/O GOPALAN NAIR,

6. PRADEEP KUMAR, S/O GOPALAN NAIR,

7. GEETHA, D/O GOPALAN NAIR,

8. MANGALA, D/O GOPALAN NAIR,

9. AJAY KUMAR, S/O GOPALAN NAIR,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.P.K.RAMKUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :23/01/2009

 O R D E R
           PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ.
                       - - - - - - - - - - - - - - - - - - - - -
                            L.A.A.No. 1423 OF 2007
                   - - - - - - - - - - - - - - - - - - - - - - - - - -
                    Dated this the 23rd day of January, 2009

                                 JUDGMENT

Pius.C.Kuriakose, J.

Copies of the common judgment in a large number of land

acquisition cases including L.A.A.No.424/03 is placed before us. It is

seen that under that common judgment, this court noticed that land

value had been fixed at the rate of Rs.60,000/- per cent for wet lands in

Chevayur village and this court by judgment in L.A.A.No. 774/06 had

approved that land value. This court has observed that the properties in

Vengeri village is either equally important or more important than the

properties in Chevayur village. The learned Government Pleader

submits that a review petition seeking review of the judgment in

L.A.A.No.774/06 has been admitted by this court. But it is fairly

conceded that the Government has not so far sought review of the

common judgment in L.A.A.No.424/03 and connected cases.

Having gone through the judgment impugned in this appeal also,

we feel that it is more or less the correct market value of the property at

LAA.No.1423/07 2

the relevant time which has been arrived at by the learned Sub Judge.

Importantly, there was no counter evidence at all on the side of the

appellant government to the evidence adduced by the claimants. For all

these reasons, this appeal will stand dismissed.

PIUS.C.KURIAKOSE
JUDGE

M.C.HARI RANI
JUDGE

sv.

LAA.No.1423/07 2