IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 203 of 2010()
1. STATE OF KERALA, REP.BY
... Petitioner
Vs
1. THALIYEDATH SOBHANA, W/O.BALAN,
... Respondent
2. THE PROJECT OFFICER, OECF,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :30/08/2010
O R D E R
K.M. JOSEPH &
M.C. HARI RANI, JJ.
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L.A.A.NO. 203 OF 2010
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Dated this the 30th August, 2010.
JUDGMENT
K.M. Joseph, J.
The Appeal is filed against the Judgment in LAR No.128/03
on the file of the Sub Court, Kozhikode,
2. An extent of 1.80 Ares of land in Survey No.TS 218/4
Part of Panniyankara Village came to be acquired for the purpose
of laying pipeline for the Kerala Water Authority. As per the
award, compensation of Rs.19,778/= was fixed. In the Reference,
the Sub Court has enhanced the market value to Rs.65,000/= per
cent. It is feeling aggrieved by the same, this Appeal is filed.
3. We heard the learned Government Pleader. Though
served, there is no appearance for the respondent.
4. The claimant produced Ext.A1 which is a copy of the Sale
Deed of the year 1995. He also produced Ext.A2 which is a copy
LAA.NO.203/2010 A 2
of the Judgment in LAR Nos.116/02 to 118/02. The court also had
before it the Advocate Commission Report. The Advocate
Commissioner in respect of the reference in question has reported
that the land value can be fixed between Rs.60,000/= to
Rs.70,000/=. The court has discussed the matter, materials on
record and has arrived at the compensation payable to the
respondent. We do not think that the appellant has made out a case
for any interference in the Appeal. The Appeal fails and it is
dismissed.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M.C. HARI RANI,
JUDGE
kbk.
//True Copy//
PS to Judge
LAA.NO.203/2010 A 3