High Court Kerala High Court

State Of Kerala Rep. By The vs Tessy Alex on 28 October, 2009

Kerala High Court
State Of Kerala Rep. By The vs Tessy Alex on 28 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1269 of 2009()


1. STATE OF KERALA REP. BY THE
                      ...  Petitioner

                        Vs



1. TESSY ALEX, MOOZHAYIL LALAM KARA AND
                       ...       Respondent

2. ANNAKKUTTY, MOOZHAYIL LALAM KARA AND

                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 :28/10/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
             L. A. A. No.1269 of 2009
    ------------------------------------------------
     Dated this the 28th day of October, 2009

                    JUDGMENT

Pius C. Kuriakose, J

Even though Smt.Latha T. Thankappan, the

learned senior Government Pleader addressed us

strenuously, having gone through the impugned

judgment, we are of the view that the land value re-

fixed by the learned Subordinate Judge is not

excessive. The property was situated in the

commercially most important area of Pala town.

Properties were admittedly enjoying the direct

frontage of Ettumanoor Erattupetta state highway. It

was for widening of this highway that the property had

been acquired. The Advocate Commissioner had

L. A. A. No.1269 of 2009 -2-

reported about the nearness of the property under

acquisition to the important institutions and

establishments within the municipal town. The

document relied on apart from Ext.C1 Commissioner’s

Report is document executed in favour of the

municipality. The document is executed some two

years prior to the relevant notification. We are of the

view that there is no warrant for interference. The

appeal is dismissed. No costs.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-