High Court of KeralaLA.App./635/2015dismissed

State Of Kerala v. G. Narayanan Nair

2015-12-21Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr. Justice Anil K.Narendran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 LA.App..No. 635 of 2015 (C) -------------------------- AGAINST THE JUDGMENT IN LAR 245/2010 of II ADDL.SUB COURT,TRIVANDRUM DATED 18-08-2014 APPELLANT(S)/1ST RESPONDENT:

---------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI. R. PADMARAJ RESPONDENT(S)/CLAIMANT & 2ND RESPONDENT:

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1. G. NARAYANAN NAIR S/O. GOVINDAPILLAI, THIRUVONAM, T.C 28/942 PUNNAPURAM, VANCHIYOOR 695 023

2. THE SECRETARY, TRIDA 695001 R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R. RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ.

~~~~~~~~~~~~~~~~~~~~~~ LAA. No. 635 of 2015 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of December, 2015

JUDGMENT

Ramachandra Menon, J.

This appeal has been preferred by the State being aggrieved of the judgment and decree dated 18.08.2014 in LAR No. 245 of 2010 of the II Additional Sub Court, Thiruvananthapuram.

2. Pursuant to Section 4(1) notification issued on 31.01.2008, the land having an extent of 0.02 Ares in Survey No. 797/1 of Vanchiyoor Village in Thiruvananthapuram taluk was acquired for widening of Pattoor - Choorakkattupalayam road. The land value was fixed by the land acquisition officer as Rs.4,44,867/- per Are. This was enhanced by the Reference Court as Rs.27,50,000/- per Are, based on the land value already fixed, vide judgment in LAR No. 238 of 2010. Challenge was raised from the part of the State under similar circumstances in L.A.A. No. 556 of 2014 and connected cases and a detailed judgment was passed on 09.12.2015. It is brought to the notice of this Court that, going by the said verdict, the

LAA. No. 635 of 2015 : 2 :

award passed by the Reference Court stands well within the limits and as such, we find there is no ground for interference. Accordingly, interference is declined and the appeal stands dismissed.

sd/- P. R. RAMACHANDRA MENON, JUDGE sd/- ANIL K. NARENDRAN, JUDGE kmd /True copy/ P.A. to Judge