High Court of KeralaLA.App./597/2013dismissed

State Of Kerala v. Nirmala Devi

2015-03-23Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair3 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 MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 LA.App..No. 597 of 2013 () --------------------------- AGAINST THE JUDGMENT IN LAR 911/2009 of II ADDL.SUB COURT,THIRUVANANTHAPURAM DATED 31-10-2012 APPELLANT/1ST RESPONDENT IN LAR :

------------------------------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

BY GOVERNMENT PLEADER SRI.R.PAMARAJ RESPONDENTS/CLAIMANT & 2ND RESPONDENT IN LAR : ------------------------------------------------------------------

1. NIRMALA DEVI D/O. NARAYANI AMMA, TC 9/2153, CHAND SOUTH SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010.

2. THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY(TRIDA) THIRUVANANTHAPURAM-695 001.

R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1 BY ADV. SRI.B.RAGUNATHAN R1 BY ADV. SRI.M.SALIM R1 BY ADV. SRI.G.GOPALAKRISHNA PILLAI R1 BY ADV. SRI.R.SRINATH R1 BY ADV. SRI.V.M.JACOB R-R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.597 OF 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is from the judgment and decree in L.A.R.No.911/2009 of the II Addl. Sub Court, Thiruvananthapuram. 2.

The property was acquired for the purpose of development of Student's Centre-LMS-Vellayambalam-Sasthamangalam road and the notification under Section 4(1) was published on 10.09.2007. The land acquisition officer awarded land value @ `4,60,085/- per Are which has been enhanced by the reference court to `20,70,000/- per Are.

The learned Government Pleader brought to our notice the judgment of this Court in L.A.A.No.806/2013 wherein also, the purpose of acquisition and the date of Section 4(1) notification were the same. Therein we have fixed land value at `22 lakhs per Are. Since the land value awarded by the reference court in this case is less

LAA No.597/2013 than `22 lakhs, we find no reason to entertain this appeal. Accordingly, the appeal is dismissed.

T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.