High Court Kerala High Court

State Of Kerala Rep. By The vs A.Premalatha on 7 July, 2010

Kerala High Court
State Of Kerala Rep. By The vs A.Premalatha on 7 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 669 of 2010()


1. STATE OF KERALA REP. BY THE
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER,

                        Vs



1. A.PREMALATHA,
                       ...       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 :07/07/2010

 O R D E R
     PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
         -----------------------------------------------
                   LAA. No. 669 of 2010
         -----------------------------------------------
            Dated this the 7th day of July, 2010

                       J U D G M E N T

Pius C.Kuriakose, J.

We are not inclined to entertain this appeal which

pertains to acquisition of land in Malappuram Village (within

the area of Malappuram Municipal Town) for the purpose of

construction of Munduparamba – Kootilangadi Bye Pass Road

Block – III. The L.A. Officer awarded land value at the rate

of Rs.11,701/- per cent which was enhanced by the

Reference Court to Rs.13455/- per cent. Having gone

through the impugned judgment, we are convinced that it is

more or less the correct market value of the property which

has been fixed by the Reference Court. At any rate, the

Government cannot have any legitimate grievance regarding

the award. The appeal is dismissed. No costs.

2. It is submitted by Smt. Latha T. Thankappan,

Senior Govt. Pleader that the court below committed a

-2-

mistake while awarding the statutory interest under Section

28. We permit the Government to move the Reference

Court with proper application for correction under Sections

152 and 153 of the Code of Civil Procedure.

(PIUS C.KURIAKOSE, JUDGE)

(C.K.ABDUL REHIM, JUDGE)

ksv/-