IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1371 of 2007()
1. STATE OF KERALA.
... Petitioner
Vs
1. E.T.DEVASSYA,S/O.THOMAS,EDATTKUNNUMMAL
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :30/10/2008
O R D E R
PIUS.C.KURIAKOSE,J.
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L.A.A.No.1371 OF 2007
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Dated this the 30th of October, 2008
JUDGMENT
Smt.Latha Thankappan, senior Government Pleader, would
address me extensively on the various grounds raised. But, I
notice that the total stakes involved in the appeal is only
Rs.4071/-. Having gone through the judgment of the reference
court also, I find that the findings are, to a considerable extent,
based on Ext.A1 judgment. In fact, Ext.A1 would have justified
a higher land value, but the learned Subordinate Judge granted
only a lesser land value. I also notice that as against the oral
evidence of PW-1, no counter oral evidence is adduced by the
Government.
2. For all these reasons challenge against the impugned
judgment will fail. The appeal will stand dismissed. But, I find
merit in the submission of the learned Government Pleader that
the learned Sub Judge erred in granting the amount due under
Section 23 (1-A) for the period from 9.8.1999 to 15.5.2002.
The correct date of Section 4(1) notification is the last date of
L.A.A..No.1371/2007 2
publication of that notification. Therefore, even as I repell the
grounds, the judgment and decree of the court below will stand
modified to the extent it relates to amount due under Section
23(1-A). The first respondent will be eligible for that amount
only during the period from 5/4/2000 till 15/5/20002.
(PIUS.C.KURIAKOSE,JUDGE)
dpk