IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1659 of 2008(D)
1. SPECIAL TAHSILDAR (L.A.),
... Petitioner
Vs
1. C.P.ROHINI, W/O. ACHUTHAN,
... Respondent
2. V.K.THILAKARAJAN, S/O. ACHUTHAN,
3. V.K.VINAYARAJAN, S/O. ACHUTHAN,
4. V.K.PRASANNARAJAN, S/O. ACHUTHAN,
5. V.K.JAYARAJAN, S/O. ACHUTHAN,
6. V.K.SOBHANA, D/O. ACHUTHAN,
7. V.K.SHUBANA, D/O. ACHUTHAN,
8. V.K.LATHIKA, D/O. ACHUTHAN,
9. V.K.RAVEEVAN, S/O. ACHUTHAN,
10. V.K.PRADEEPAN, S/O. ACHUTHAN,
11. THE SECRETARY,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.K.K.CHANDRAN PILLAI
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :29/09/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A.No.1659 OF 2008
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Dated this the 29th day of September, 2009
JUDGMENT
Pius C.Kuriakose, J.
The appeal is remaining in the defect list. But, we are in a
position to decide the appeal itself immediately in favour of the
respondents/claimants.
2. The acquisition was for the purpose of Bus stand at
Thavakkara. The property under acquisition was wet land, for
which the Land Acquisition Officer awarded land value at the rate
of 3,734.82 per cent. The learned Sub Judge, relying on Ext.A1
sale Deed and the Advocate Commissioner’s report, refixed the
land value at Rs.8,000/- per cent. We find some force in the
submission of the learned Government Pleader that the court
below was not justified in deviating from the ratio maintained by
the Land Acquisition Officer between the value of wet land and
garden land. At the same time, we notice that the total stakes
involved in this appeal is not much. It is below Rs.25,000/-. In
view of the smallness of the stakes involved, we are not inclined
to interfere with the impugned judgment.
LAA.No.1659/2008 2
This appeal will stand dismissed. However, this judgment
will not be quoted as a precedent in other cases.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
dpk