State Of Kerala v. Rajesh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 LA.App..No. 843 of 2013 () --------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 611/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 26-03-2013 APPELLANT/1ST RESPONDENT IN LAR:
---------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL SR. GOVERNMENT PLEADER R. PADMARAJ RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR: --------------------------------------------------------------
1. RAJESH AMBIKA VILASOM, T.G. 5/96, AMBALAMUKKU PEROORKADA, THIRUVANANTHAPURAM-695005.
2. JINI RAJESH W/O.RAJESH, AMBALAMUKKU, PEROORKADA THIRUVANANTHAPURAM-695005.
3. THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM-695001.
R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1-R2 BY ADV. SRI.J.HARIKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp/-
P.R. RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ. ===================================== L.A.A. No. 843 of 2013 -------------------------------------------- Dated this the 10th day of December, 2015
JUDGMENT
RAMACHANDRA MENON,J This appeal arises from the judgment and decree dated 26.03.2013 in L.A.R.No.611 of 2009 of the II Additional Sub Court, Thiruvananthapuram.
Pursuant to Section 4(1) notification dated 11.06.2007, the land value was fixed as 5,84,054/- per Are by the Awarding Officer, which in turn was ₹ enhanced on reference, as 26,40,000/- pre Are, based on the ₹ fixation of land value in L.A.R.No.711 of 2008. This is sought to be challenged stating that the same is exorbitant.
2. Heard both the sides.
3. During the course of hearing, it is brought to the notice of this Court that, exactly similar matter had already come up for consideration before this Court as L.A.A.No.351 of 2013, whereby the land value of similar land was fixed by this Court as 28,00,000/- per Are. Considering the same, it is seen that the ₹
L.A.A.No. 843 of 2013 -2land value fixed by the reference court in the instant case is well within limits.
As such, no interference is warranted in this appeal and the same stands dismissed accordingly.
P.R. RAMACHANDRA MENON, JUDGE ANIL K. NARENDRAN, JUDGE kp/-