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State Of Kerala vs K.Prabhakaran on 20 October, 2010

Kerala High Court
State Of Kerala vs K.Prabhakaran on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 230 of 2010()


1. STATE OF KERALA.
                      ...  Petitioner

                        Vs



1. K.PRABHAKARAN,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/10/2010

 O R D E R
         M.N. KRISHNAN & K.T. SANKARAN, JJ.
            = = = = = = = = = = = = = =
              R.P. No. 230 OF 2010 IN
               L.A.A. No. 355 OF 2005
           = = = = = = = = = = = = = = =
      Dated this the 20th day of October, 2010.

                     O R D E R

Krishnan, J.

This review petition is preferred to review

the judgment in L.A.A.355/05. The said appeal

was preferred against the award of the

Subordinate Judge, Kozhikode in L.A.R.164/00.

While disposing of a batch of cases the Division

Bench had made a reference to the disposal of

L.A.A.774/06 which was preferred against the

judgment and decree in L.A.R.479/97. The Court

held that it is already found that the fixation

of market value is at Rs.60,000/- per cent. The

Court also made it very clear that in all the

cases the comparative advantages and

disadvantages of the acquired property with that

R.P. No. 230 OF 2010 IN
L.A.A. No. 355 OF 2005
-:2:-

of the property covered by L.A.R.479/97 has been

taken into consideration and accordingly reduced

land value is given in proportion to the

disadvantage. It is true that the judgment in

L.A.A.774/06 was recalled and by the judgment

dated 28.6.10 another Division Bench has reduced

the land value to Rs.50,000/- per cent.

2. So far as the present case is

concerned, i.e. in L.A.R.164/00, 6.20 Ares of

wet land and 1.90 Ares of dry land comprised in

Sy.No.10/9 had been acquired and land

acquisition officer has fixed the land value at

Rs.25,819/- for the garden land and Rs.21,639/-

for the wet land. The learned Subordinate Judge

had taken into consideration the prominence of

the locality nearby institutions and other

aspects and fertility of the land and thereafter

R.P. No. 230 OF 2010 IN
L.A.A. No. 355 OF 2005
-:3:-

had fixed the land value at Rs.35,000/- per cent

for the garden land and Rs.20,000/- per cent for

the wet land. Just because the land value in

L.A.R.479/97 had been refixed at Rs.50,000/- it

will not militate against the fixation of value

done by the Subordinate Judge in this case.

For the above reasons the R.P. does not stand

merit and therefore it is dismissed.

M.N. KRISHNAN, JUDGE.

K.T. SANKARAN, JUDGE.

ul/-

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