High Court Kerala High Court

State Of Kerala vs Varkey Pathrose on 23 July, 2009

Kerala High Court
State Of Kerala vs Varkey Pathrose on 23 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 794 of 2009()


1. STATE OF KERALA
                      ...  Petitioner

                        Vs



1. VARKEY PATHROSE, CHORAKASSERIL,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :23/07/2009

 O R D E R
           PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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                            L.A.A.No.794 OF 2009
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                     Dated this the 23rd day of July, 2009

                                 JUDGMENT

Pius.C.Kuriakose, J.

Even though some of the grounds raised in the memorandum of

appeal are attractive and Sri.Basant Balaji, learned senior Government

Pleader addressed us on all those grounds, we do not find any

justification for entertaining this appeal. The property was in

Kanakkari village and the acquisition was for the purpose of MVIP

Branch Canal. The relevant Section 4(1) notification was published on

2-1-2002. The land acquisition officer awarded land value at the rate

of Rs.9425/- per Are. The reference court under the impugned

judgment refixed the same at Rs. 16,022.80 per Are.

Having gone through the impugned judgment, we find that the

findings of the learned Subordinate Judge regarding the market value is

based on legal evidence which was available on record. Having regard

to the importance of the locality, we also feel that it is more or less the

correct market value of the property at the relevant time which has been

LAA.No.794/09 2

arrived at by the learned Subordinate Judge.

The appeal will stand dismissed in limine.

PIUS.C.KURIAKOSE
JUDGE

P.Q.BARKATH ALI
JUDGE

sv.

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