State Of Kerala v. Madhavan Pillai

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 LA.App..No. 490 of 2012 () --------------------------- AGAINST THE JUDGMENT IN LAR 88/2006 of SUB COURT, PATHANAMTHITTA DATED 09-04-2010 APPELLANTS/RESPONDENTS IN LAR:

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1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR PATHANAMTHITTA.

2. THE EXECUTIVE ENGINEER KSTP, KOTTARAKKARA DIVISION.

BY GOVERNMENT PLEADER SR.R.PADMARAJ RESPONDENT/CLAIMANT IN LAR:

------------------------------------------------------------ MADHAVAN PILLAI THENGUVILA, VADAKKETHIL, KURAMPALA VILLAGE ADOORTALUK, PIN - 689 501.(DIED) ADDITIONAL RESPONDENTS 2.

G.BHARGAVIKUTTIAMMA, W/O LATE MADHAVAN PILLAI RESIDING AT KURIYIDATHE PUTHENVEEDU, PALLARI MANGALAM, MAVELIKKARA, ALAPPUZHA DISTRICT PIN 690 107 3.

B.VIJAYALEKSHMIAMMA, D/O LATE MADHAVAN PILLAI RESIDING AT KURIYIDATHE PUTHENVEEDU, PALLARI MANGALAM, MAVELIKKARA, ALAPPUZHA DISTRICT PIN 690 107 4.

M.MADHUSOODHANAN PILLAI, S/O LATE MADHAVAN PILLAI RESIDING AT KURIYIDATHE PUTHENVEEDU, PALLARI MANGALAM, MAVELIKKARA, ALAPPUZHA DISTRICT PIN 690 107 * ADDITIONAL RESPONDENTS ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED SOLE RESPONDENT VIDE ORDER DATED 14.8.2013 IN I.A.NO.1252/2013 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.490 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed challenging the judgment and decree in L.A.R.No.88/2006 of the Sub Court, Pathanamthitta. 2.

The extent involved is 0.30 Ares in Sy.No.422/20 of Kurumpala Village in Adoor Taluk which was acquired for the purpose of widening of Kottarakkara-Adoor-Chengannur M.C.Road. The notification under Section 4(1) was published on 7.2.2003. The land acquisition officer awarded land value @ `38586/- per Are which has been enhanced by the Reference Court to `1,30,000/- per Are. The Reference Court relied upon Ext.A1 judgment in L.A.R.No.89/2006 of the same court.

3.

In fact in L.A.A.Nos.150/2012 and 183/2012, wherein the land acquisition officer awarded land value @ `38585/- per Are and the reference court enhanced the land value to `1,50,000/-, this Court

LAA No.490/2012 confirmed the same.

In the light of the fact that herein the property is a dry land and similar details are there, we find no reason to interfere with the judgment. Accordingly, the appeal is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.