IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1024 of 2009()
1. STATE OF KERALA REP. BY THE
... Petitioner
Vs
1. C.N.VASANTHI, W/O.C.N.NEELAKANDAN
... Respondent
2. C.N.SARASWATHY, W/O.C.N.NARAYANAN
3. THE MANAGER, SYNDICATE BANK,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :27/08/2009
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN JJ.
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L.A.A.No. 1024 OF 2009
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Dated this the 27th day of August, 2009
J U D G M E N T
PIUS C.KURIAKOSE,J.
Even though Sri.Basant Balaji, learned senior Government
Pleader has addressed us very persuasively, having gone
through the impugned judgment, we are not inclined to
entertain this appeal. The property was in Thodupuzha Village
and was obviously situated within the area of the Thodupuzha
Municipality. Relevant Section 4(1) notification was published on
12/6/2002. The Land Acquisition Officer awarded land value at
the rate of Rs.19,512/- per Are. This was refixed by the
reference court under the impugned judgment to Rs.57,773/- per
Are. Taking into account various other judgments of this court
pertaining to acquisition of land in Thodupuzha Village including
the judgment in State of Kerala v. Jose Simon(2009 (1) KLT
760), we are of the view that the value awarded for the acquired
property, which was within the area of the Thodupuzha
Municipality and was already enjoying the frontage of road, is
not excessive.
The appeal wills stand dismissed.
(PIUS C.KURIAKOSE, JUDGE)
( K.SURENDRA MOHAN,JUDGE)
dpk