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THE STATE OF KERALA versus M.C.CHELLAMMA, THENGUVILA

High Court of Kerala

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THE STATE OF KERALA v. M.C.CHELLAMMA, THENGUVILA - LA App No. 260 of 2006(D) [2007] RD-KL 9095 (30 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 260 of 2006(D)

1. THE STATE OF KERALA.
... Petitioner

Vs

1. M.C.CHELLAMMA, THENGUVILA,
... Respondent

2. RDHAKRISHNAN, THENGUVILA,

For Petitioner :GOVERNMENT PLEADER

For Respondent : No Appearance

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :30/05/2007

O R D E R

K.PADMANABHAN NAIR, JUDGE.


=====================
L.A.A. No. 260 OF 2006

Dated this the 30th day of May, 2007


========================


JUDGMENT

This appeal is filed by the state against the award passed by the court below in L.A.R.114/1994, for an area of 1.70 ares of land comprised in survey No.2679 of Mynagappally village in Kunnathur Taluk for a public purpose. The land value was fixed by the Land Acquisition Officer at Rs.4,956/-. The respondents filed a petition claiming enhanced compensation at the rate of Rs.15,000/- per cent. The matter was referred to the Sub Court, Kollam. The learned Sub Judge, after considering all aspects found that the petitioner is entitled to get land value at the rate of Rs.7,394/-, that is to say Rs.12,350/- per are. Challenging that finding this appeal is filed. The learned Sub Judge relied on A1 judgment rendered by him in L.A.R.No.90/1994. The property mentioned therein was also acquired for very same purpose. In that case also the Land Acquisition officer fixed the land value at the rate of Rs.12,350/- per are. I have carefully gone through the entire matter, and I do not find any reason to interfere with the award passed by the learned Sub Judge. So the appeal is only to be dismissed. In the result the appeal is dismissed. K.PADMANABHAN NAIR

JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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