State Of Kerala v. Harikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 LA.App..No. 135 of 2013 () --------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 507/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 09-04-2012 APPELLANT:1ST RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SR.GOVERNMENT PLEADER SHRI R.PADMARAJ SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL RESPONDENT(S):CLAIMANTS -----------------------
1. HARIKRISHNAN T.C 5/2436 UDIYANAM, KOWDIAR, THIRUVANANTHAPURAM-695 004.
2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 010 R1 BY ADV. SMT.M.HEMALATHA R1 BY ADV. SRI.M.MUHAMED HANEEFA R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V ASHA, JJ.
----------------------------------------------------- L.A.A No.135 of 2013 ---------------------------------------------------- Dated this the 3rd day of February, 2015
JUDGMENT
Ramachandran Nair, J.
The State is in appeal against the judgment in L.A.R No.507 of 2009 of the IInd Additional Sub Court, Trivandrum. 2.
We heard the learned Senior Government Pleader for the appellant and the learned counsel for the respondents. The extent involved is 0.37 Ares of land in Sy.No.25/93 of Peroorkada village which was acquired for widening of KowdiarAmbalamukku-Peroorkada-Vazhayila by the 2nd respondent and the notification under Section 4(1) is dated 11.06.2007. The Land Acquisition Officer awarded land value @ Rs.5,84,054/- per Are and the reference court enhanced the same to Rs.22 lakhs per Are.
3.
In the course of discussion, the reference court relied upon the judgment of this Court in L.A.A No.1063 of 2010. The said judgment relates to the acquisition for widening Pattom-
L.A.A No.135 of 2013 Kawdiar road. The Section 4(1) notification is dated 31.10.2004. We have gone through the judgment in L.A.A 1063/2010. Therein the Land Acquisition Officer has awarded an amount of Rs.2,13,408/- per Are which was enhanced by the reference court to Rs.30 lakhs per Are. The appeals were allowed after refixing the market value at Rs.22 lakhs per Are. In that judgment, this Court taken into account the common judgment dated 18.08.2011 in 1122 and 1182 of 2010.
In the light of the fact that the judgment in L.A.A 1063 of 2010 was relied upon by the reference court to fix the land value, we find that there is no scope to interfere with the impugned judgment.
Accordingly, the appeal is dismissed. No costs. Sd/- T.R.RAMACHANDRAN NAIR Judge Sd/- P.V.ASHA Judge rtr/ /true copy/ P.S to Judge