IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 271 of 2010()
1. STATE OF KERALA REP. BY THE DISTRICT
... Petitioner
2. THE EXECUTIVE ENGINEER,K.S.T.P,
Vs
1. IDICHERIA JOY,THONDALIL J.C.T.BUNGLOW,
... Respondent
2. SOSAMMA,THONDALIL J.C.T.BUNGLOW,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :19/03/2010
O R D E R
PIUS C. KURIAKOSE
& S.S.SATHEESACHANDRAN, JJ.
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L.A.A.No.271 of 2010
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Dated this the 19th day of March, 2010
JUDGMENT
PIUS C. KURIAKOSE , J.
The State is in appeal. On going through the
impugned judgment, we find that it was relying on the
judgment in L.A.R.No.312/05 that the learned
Subordinate Judge refixed the value of the land. It is
fairly conceded by the learned Government Pleader
Smt.Latha Thankappan that Ext.A1 was passed on the
basis of the settlement arrived at between the parties
in that case and acquisitioning authority. It is not
disputed that Ext.A1 was an identical property. We
find that the land involved in Ext.A1 was a reclaimed
land while the land involved in this appeal is dry land.
That is why the learned Sub Judge fixed a value higher
than what was given in Ext.A1, we are of the opinion
that the approach was quite reasonable.
L.A.A.No.271 of 2010
:: 2 ::
There is no warrant for interference with the
said judgment at the instance of the State. Appeal is
hence dismissed in limine.
Sd/-
(PIUS C. KURIAKOSE)
JUDGE
Sd/-
(S.S.SATHEESACHANDRAN)
JUDGE
SK/-
//true copy//
P.S. to Judge.