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High Court of KeralaLA.App./200/2013dismissed

State Of Kerala v. Parvathy Ammal

2015-01-30Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 LA.App..No. 200 of 2013 () --------------------------- AGAINST THE JUDGMENT IN LAR 115/2009 of II ADDL.SUB COURT,TRIVANDRUM APPELLANTS/ RESPONDENTS IN LAR:

-------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM BY SR.GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENTS/CLAIMANTS :

--------------------------------------------------

1. PARVATHY AMMAL, D/O KOLAPPA PILLAI, NAGANILAYAM TC 38/2307, THYCAUD CHOORAKKATTUPALAYAM, THIRUVANANTHAPURAM 695001

2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM 695001 R2 BY ADV. SRI.M.RAJAGOPALAN NAIR R1 BY ADV. SRI.V.AJAKUMAR R1 BY ADV. SRI.T.M.CHANDRAN R1 BY ADV. SRI.SIDHARTH A.MENON R1 BY ADV. SRI.S.SUJITH THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.200 OF 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal arises from the judgment in L.A.R.No.115/2009 of the II Addl. Sub court, Thiruvananthapuram.

2.

The extent involved is 0.76 Ares comprised in Sy.No.2390 of Thycaud village. The land was acquired for the purpose of expansion of Pattoor-Choorakkattupalayam road reach I. The notification under Section 4(1) was published on 31.03.2005. The land acquisition officer awarded land value @ `3,70,500/- per Are. The reference court has refixed the land value at `20,00,700/- per Are relying upon Exts.A5 and A6 judgments in L.A.R.Nos.593/2009 and 535/2008.

3.

In our judgment in L.A.A.No.172 and 233 of 2013, we have considered the identical issue. The land involved in L.A.A.No.233/2013 was acquired for the same purpose and the

LAA No.200/2013 notification under Section 4(1) is also dated 31.03.2005, we have confirmed the land value fixed by the court below in the said judgment. It was at the same rate as in this case.

In the light of the above, there is no scope for interference in the appeal. Accordingly, the appeal is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.

LAA No.200/2013