High Court Kerala High Court

The General Manager vs P.C.Pokku on 17 November, 2008

Kerala High Court
The General Manager vs P.C.Pokku on 17 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1591 of 2008()


1. THE GENERAL MANAGER
                      ...  Petitioner

                        Vs



1. P.C.POKKU, S/O KUNHIKUTTAILI
                       ...       Respondent

2. GOVT. OF KERALA, REP. BY

                For Petitioner  :SRI.D.KRISHNANKUTTY PILLAI

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :17/11/2008

 O R D E R
                        PIUS C. KURIAKOSE,J.
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                         L.A.A.No.1591 of 2008
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                      Dated: 17th November, 2008

                                JUDGMENT

This appeal is directed against the judgment and decree of the

Subordinate Judge’s Court, Thalassery in LAR No.58/05. The

requisitioning authority is the appellant. The acquisition was for

widening of the road to the Industrial Growth Centre, Valiyavelicham

belonging to the appellant-KSIDC. The Land Acquisition Officer

granted land value at the rate of Rs.3899/- per cent which was

enhanced by the reference court to Rs.15,000/- per cent. I had

occasion to deal with a large number of other cases relating to

acquisition for the very same purpose. I find that in most of the

cases the Land Acquisition Officer had awarded land value at the rate

of Rs.3899/- per cent and the reference court had refixed the land

value to Rs.10,000/- per cent. Under my common judgment in LAA

No.1452/08 series, I interfered with such refixation and would refix

the land value to Rs.9000/- per cent. In the instant case, the

reference court fixed the land value at Rs.15,000/- per cent despite

the fact that the Land Acquisition Officer had fixed the land value at

Rs.3899/- per cent only. I notice from the judgment that the court

below relied on Ext.X1 Commissioner’s report which was to the effect

LAA No.1591/08 – 2 –

that the acquired property was situated just 1 K.M. from the

Kuthuparamba Municipal Bus Stand. I further notice that relying on

Ext.X1 itself, the court below found that the acquired property was

having commercial potentiality in as much as a Maruti Workshop was

already functioning on the reminder portion of the property. Thus, I

feel that there is justification for granting more amounts than the

amounts awarded by this court under my common judgment in LAA

No.1452/08 series. However, I am not inclined to decide the issue

finally. I am of the view that the issue should be reconsidered by the

court below. Accordingly, I set aside the impugned judgment and

decree and remand the L.A.R.case back to the reference court. That

court will permit both sides to adduce further evidence and pass

revised judgment on the basis of the further evidence to be adduced

and the entire evidence which comes on record. Further trial will be

completed and revised judgment as directed above will be passed by

the reference court at the earliest and at any rate within four months

of receiving a copy of this judgment. The appeal is allowed to the

above extent. Refund the full court fee paid on the appeal memo to

the counsel for the appellant.

srd                                 PIUS C.KURIAKOSE, JUDGE

LAA No.1591/08    - 3 -