High Court Kerala High Court

State Of Kerala vs Rajeev on 9 February, 2009

Kerala High Court
State Of Kerala vs Rajeev on 9 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1347 of 2007()


1. STATE OF KERALA.
                      ...  Petitioner

                        Vs



1. RAJEEV,S/O.LATE LEELAMMA,THAYAKODATHU
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.M.G.KARTHIKEYAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :09/02/2009

 O R D E R
          PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                    L.A.A.No. 1347 OF 2007
                      ------------------------

            Dated this the 9th    day of February, 2009

                            JUDGMENT

Pius C.Kuriakose, J.

Heard both sides. We have noticed our judgments in L.A.A.

No.506/2008 and L.A.A.No.598/2007. According to

Mr.M.G.Karthikeyan, learned counsel for the respondent, in view

of the judgments in those cases, there is no ground for

interfering with the judgment which is impugned in this case.

Sri. P.K.Babu, the learned Government Pleader would submit that

the court below was not justified in awarding the same land

value to the properties in this case which as per the award of the

land acquisition officer were inferior. But, what we find is that

the learned sub judge has found that the acquired property in

this case, is in no way inferior to the properties involved in the

other case, and the court below has actually entered a finding

that in view of nearness to Mangattukavala Junction, this

property was slightly superior to the properties in the other

cases. We find that absolutely no counter evidence was adduced

by the Government to the evidence adduced by the claimant. We

L.A.A..No.1347/2007 2

do not find any warrant for interfering with the judgment.

This appeal will stand dismissed.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
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