High Court Kerala High Court

State Of Kerala Represented By The vs P.Muhammad Sabib on 21 May, 2009

Kerala High Court
State Of Kerala Represented By The vs P.Muhammad Sabib on 21 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 442 of 2009()


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

                        Vs



1. P.MUHAMMAD SABIB, VAZHIYARIKATHU VEEDU,
                       ...       Respondent

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :21/05/2009

 O R D E R
           PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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                             L.A.A.No. 442 OF 2009
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                      Dated this the 21st day of May, 2009

                                  JUDGMENT

Pius.C.Kuriakose, J.

This appeal preferred by the Government pertains to acquisition

of land in Vanchiyoor village pursuant to a notification under Section

4(1) published on 14/05/1997. The purpose of the acquisition was

widening of the road from over bridge to Pazhavangadi in

Thiruvananthapuram city corporation. It goes without saying that the

acquired property was situated in the most important area of the

Thiruvananthapuram Corporation in terms of trade and commerce. It is

fairly conceded by the learned Government Pleader that the

enhancement presently granted by the reference court i.e. from

Rs. 547289/- per Are to rs. 1731306/- per Are was confirmed by a

Division Bench of this court. The learned Government Pleader

submitted that against that judgment, the Government has preferred a

Special Leave Petition before the Supreme Court and hence requested

that this appeal also be admitted.

LAA.No.452/09 2

Having regard to the location and lie of the property, we are of

the view that the enhancement granted by the reference court is

reasonable. More over, a Division Bench of this court has approved

the above enhancement. We do not find any justification for admitting

this appeal. The appeal will stand dismissed in limine.

PIUS.C.KURIAKOSE
JUDGE

P.Q.BARKATH ALI
JUDGE

sv.

LAA.No.452/09 2