LAWS(KER)-1964-2-20

KUNJANNAM Vs. STATE OF KERALA

Decided On February 19, 1964
KUNJANNAM (PETITIONER) Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this revision petition Mr. Varghese Kalliath, learned counsel for the petitioner, challenges the order of the learned Subordinate Judge of Irinjalakuda, dated 6th April 1963, in I. A. No. 1016/60 in L. A. Case No. 34/59.

(2.) In respect of certain proceedings taken under the provisions of the Cochin Land Acquisition Act for acquiring some properties of the petitioner, the latter, obviously dissatisfied with the compensation awarded by the Land Acquisition Officer, has made a request for reference to the civil court, claiming enhanced compensation; and that is pending before the learned Subordinate Judge of Irinjalakuda in L. A. Case No. 34/59.

(3.) It will be seen that in the award that was passed, there is a reference to the fact that the value of coconut trees and arecanut trees originally fixed by the then Special Land Acquisition Officer, Shri A. Govinda Warrier, has been revised by the Officer who passed the award, having due regard to the market value of lands which includes the value of trees and other improvements and with reference to the trees of similar type remaining in the adjoining compound and in the acquired site. Accordingly the Land Acquisition Officer has passed the award which is no doubt under attack before the learned Subordinate Judge.