High Court Kerala High Court

State Of Kerala vs Ulahannan Mathai on 22 October, 2009

Kerala High Court
State Of Kerala vs Ulahannan Mathai on 22 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 669 of 2003()


1. STATE OF KERALA.
                      ...  Petitioner

                        Vs



1. ULAHANNAN MATHAI, VADAKARA HOUSE,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.JOSE KUTTIYANY

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

 Dated :22/10/2009

 O R D E R
                PIUS C. KURIAKOSE &
              K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
              L. A. A. No.669 of 2003
    ------------------------------------------------
     Dated this the 22nd day of October, 2009

                    JUDGMENT

Pius C. Kuriakose, J

Even though Smt.P.N.Sumangala, the learned

Government Pleader addressed extensive arguments,

we do not find any justification for interfering with the

impugned judgment. The acquisition of land was in

Muttuchira village acquired for the purpose of

Muttuchira Distributory project. The relevant section 4

(1) notification was published on 10/10/96. The Land

Acquisition Officer awarded land value at the rate of

Rs.15445/- per Are. The Reference Court under the

impugned judgment enhanced the same by 60%. This

was done relying on Ext.A1 common judgment in a

L. A. A. No.669 of 2003 -2-

connected matter. It is brought to our notice that

Ext.A1 has attained finality. In fact, this Court has

approved enhancement up to 60% in respect of

acquisition of land in villages like Muttuchira, Kanakari

and Kuruppanthara. The appeal is accordingly,

dismissed. No costs.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-