State Of Kerala vs Rudhrani on 25 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 964 of 2007()


1. STATE OF KERALA.
                      ...  Petitioner

                        Vs



1. RUDHRANI,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.S.SHANAVAS KHAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :25/08/2009

 O R D E R
                 PIUS C.KURIAKOSE &
              K.SURENDRA MOHAN, JJ.
            -------------------------------------------
               L.A.Appeal No.964 of 2007
            -------------------------------------------
       Dated this the 25th day of August, 2009

                         JUDGMENT

Pius C.Kuriakose,J.

Having regard to the submissions addressed by

Smt.Rekha C.Nair, the learned Government Pleader

and those of Mr.Shanavas Khan, the learned counsel

for the claimant and Mr.Sunilnath, the learned standing

counsel for the Railway and having gone through the

impugned judgment and having made a survey of the

evidence, we feel that the enhancement granted by the

reference court is slightly excessive. According to us, on

a better assessment based on evidence, the market value

can be re-fixed at Rs.26,000/- per Are. Setting aside the

judgment and decree, we re-fix the market value at

Rs.26,000/- per Are. The appeal is allowed to the above

LAA No.964 of 2007 2

extent, but without any order as to cost. It is made clear

that the claimant will be entitled for all statutory benefits

on the total enhanced compensation.

PIUS C.KURIAKOSE,
JUDGE

K.SURENDRA MOHAN,
JUDGE

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