IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 550 of 2010()
1. STATE OF KERALA REP. BY THE
... Petitioner
2. THE EXECUTIVE ENGINEER,
3. THE SPECIAL TAHSILDAR,
Vs
1. KARAYI GANGADHARAN,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :08/06/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
------------------------------------------------
L. A. A. No.550 of 2010
------------------------------------------------
Dated this the 8th day of June, 2010
JUDGMENT
Pius C. Kuriakose, J
Even though several attractive grounds have
been raised in this appeal and the learned Senior
Government Pleader Smt.R.Bindu addressed
arguments on the basis of all those grounds, we
do not find justification for entertaining this
appeal. The property was situated in Dharmadam
village and the purpose of acquisition was
construction of approach road to Dharmadam
Bridge. The acquisition was pursuant to Section 4
(1) notification published in January, 2005. The
Land Acquisition Officer awarded land value at the
L. A. A. No.550 of 2010 -2-
rate of Rs.22,048/- per cent. The Reference Court
re-fixed the same at Rs.50,000/- per cent. This
was done on the basis of Ext.A1, a document of
1998. The property covered by Ext.A1 was
situated at a distance of 50 metres away from the
acquired property. We are of the firm view that
the reliance placed on Ext.A1 was justified.
Additions given actually are not sufficient when we
notice that seven years’ time has passed. At any
rate, there is no warrant for interference at the
instance of the Government. The appeal is
dismissed in limine.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-