State of Kerala vs R.Harikumar

Type Court Judgment Court Kerala Decided Mar 24, 2025

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Citation: sooperkanoon.com/1279414
Court: Kerala High Court
Judge: Honourable Dr. Justice a.K.Jayasankaran Nambiar,Honourable Mr. Justice Easwaran S.
Decided On: Mar 24, 2025
Case Number: LA.App./27/2017
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

R.Harikumar

Excerpt

.....along with la.app..113/2018, 133/2018 and connected cases, the court on the same day delivered the following: & la.app. no. 644 of 2015 against the judgment and decree dated 27.02.2015 in lar no.395 of 2010 of ii additional sub court,thiruvananthapuram appellants/respondents in lar: 1 state of kerala represented by the district collector, thiruvananthapuram 695 005. 2 the executve engineer pwd divsion, thiruvananthapuram 695 005. sri. t.k shajahan, sr gp respondent/claimant in lar: sukumara pillai r. rohini mandhiram, anugraha, v.g.r.a - 26, vattavila, near g.h.s., attingal po, 695 101.by advs. sri.ayyappan sankar sri.jayan john smt.s.hridya & la.app. no. 387 of 2016 against the judgment and decree dated 25.11.2015 in lar no.8 of 2011 of ii additional sub court,thiruvananthapuram appellants/respondents in lar: 1 state of kerala represented by the district collector, 2 the executive engineer pwd division,thiruvananthapuram. sri. t.k shajahan, sr gp respondent/claimant in lar: padmanabha iyer t.c 20/2569,melarannur muri,karamana, 695 002. by adv sri.a.chandra babu & la.app. no. 11 of 2017 against the judgment and decree dated 21.11.2015 in lar no.50 of 2011 of ii additional sub court,thiruvananthapuram appellants/respondents in lar: 1 the state of kerala represented by the district collector, 2 the executive engineer pwd division, thiruvananthapuram. sri. t.k shajahan, sr gp respondent/claimant in lar:soumya thankam d/o.thankam, sundaresan, t.c.20/2545, s.s.street, karamana, thiruvananthapuram, pin-695002.& la.app. no. 92 of 2017 against the judgment and decree dated 04.07.2016 in lar no.571 of 2010 of ii additional sub court, appellants/respondents in lar: 1 state of kerala represented by the district collector, 2 the executive engineer pwd division, thiruvananthapuram. sri. t.k shajahan, sr gp respondents/claimants in lar: 1 nidish lal. v mohanvilla, kalady, karamana, thiruvananthapuram-695002. 2 deepa r.thampi kalady, karamana,.....

Full Judgment

& LA.APP. NO. 27 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 19.12.2015 IN LAR NO.401 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS: 1 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPRUAM SRI. T.K SHAJAHAN, SR GP RESPONDENT/CLAIMANT: R.HARIKUMAR T.C. 50/665 (1), KALADY, KARAMANA P.O THIRUVANANTHAPURAM- 695 002 BY ADVS. SRI.G.P.SHINOD SRI.GOVIND PADMANAABHAN SHRI.AJIT G ANJARLEKAR
24.03.2025, ALONG WITH LA.App..113/2018, 133/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: & LA.APP. NO. 644 OF 2015 AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.395 OF 2010 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695 005. 2 THE EXECUTVE ENGINEER PWD DIVSION, THIRUVANANTHAPURAM 695 005. SRI. T.K SHAJAHAN, SR GP RESPONDENT/CLAIMANT IN LAR: SUKUMARA PILLAI R. ROHINI MANDHIRAM, ANUGRAHA, V.G.R.A - 26, VATTAVILA, NEAR G.H.S., ATTINGAL PO, 695 101.
BY ADVS. SRI.AYYAPPAN SANKAR SRI.JAYAN JOHN SMT.S.HRIDYA & LA.APP. NO. 387 OF 2016 AGAINST THE JUDGMENT AND DECREE DATED 25.11.2015 IN LAR NO.8 OF 2011 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION,THIRUVANANTHAPURAM. SRI. T.K SHAJAHAN, SR GP RESPONDENT/CLAIMANT IN LAR: PADMANABHA IYER T.C 20/2569,MELARANNUR MURI,KARAMANA, 695 002. BY ADV SRI.A.CHANDRA BABU & LA.APP. NO. 11 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 21.11.2015 IN LAR NO.50 OF 2011 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR: 1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPURAM. SRI. T.K SHAJAHAN, SR GP RESPONDENT/CLAIMANT IN LAR:
SOUMYA THANKAM D/O.THANKAM, SUNDARESAN, T.C.20/2545, S.S.STREET, KARAMANA, THIRUVANANTHAPURAM, PIN-695002.
& LA.APP. NO. 92 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 04.07.2016 IN LAR NO.571 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPURAM. SRI. T.K SHAJAHAN, SR GP RESPONDENTS/CLAIMANTS IN LAR: 1 NIDISH LAL. V MOHANVILLA, KALADY, KARAMANA, THIRUVANANTHAPURAM-695002. 2 DEEPA R.THAMPI KALADY, KARAMANA, THIRUVANANTHAPURAM-695002. BY ADV SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 & R2 & LA.APP. NO. 279 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.9 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 THE STATE OF KERALA REPRSENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPURAM. SRI. T.K SHAJAHAN, SR GP RESPONDENT/CLAIMANT IN LAR: K.CHANDRAN PRASANTHAM, D.B. STREET, KARAMANA - 695 002. BY ADV SRI.A.CHANDRA BABU & LA.APP. NO. 113 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 16.02.2017 IN LAR NO.420 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DIVISION, SRI. T.K SHAJAHAN, SR GP RESPONDENTS/CLAIMANT IN LAR: 1 P. RAJU [DIED] T.C 50/500, VAISAKH, KALADY, THIRUVANANTHAPURAM - 695 002. *ADDL.R2 VALSALA S,
W/O P.RAJU, T.C.50/500(1), VADAKKEVILAKATHU VEEDU, KALADY, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002. *ADDL.R3 RAJITHA R.V., D/O P.RAJU, NANDANAM, T.C50/22(3), KALADY WEST,THIRUVANANTHAPURAM - 695 002. *ADDL.R4 SHIJI V.R., D/O P.RAJU, SREEVAISAKH, T.C.50/500, MARUTHOORKKADAVU, KALADY, T HIRUVANANTHAPURAM - 695 002. *ADDITIONAL RESPONDENTS 2 TO 3 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 01.11.2022 IN IA NO.3/2019
& LA.APP. NO. 133 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.10.2014 IN LAR NO.424 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DIVISION, SRI. T.K SHAJAHAN, SR GP RESPONDENT/CLAIMANT IN LAR: J.GOPAKUMAR S/O.JANARDHANAN NAIR, KUNJU VEEDU, KALADY DESOM, MANACAUD-695 009. BY ADVS. SRI.V.R.GOPU SRI.J.NARAYANA PILLAI & LA.APP. NO. 272 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 30.07.2014 IN LAR NO.611 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR:
SATYA VAGHEESWARAN S/O. SANKARA NARAYANA IYER, T.C.50/822(8) KALADY, MANACAUD, THIRUVANANTHAPURAM - 695 009
BY ADV NEMOM CHANDRA BABU & LA.APP. NO. 310 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 08.10.2015 IN LAR NO.51 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION,THIRUVANANTHAPURAM. SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR: SARASWATHY, T.C. NO. 20/2455, MELARANOOR, KARAMANA - 695 002. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SMT.BHANU THILAK & LA.APP. NO. 311 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 26.03.2015 IN LAR NO.6 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT DIVISION, SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR: 1 N. LEKSHMANAN [DIED] T.C. 20/2528, THALIYAL ROAD, KARAMANA, 695 002 *ADDL.R2 SANDHYA MAHESH, T.C.20/2525, MIDHUNAM, KNRA-43, THALIYAL ROAD, KARAMANA P.O., PIN 695002, THIRUVANANTHAPURAM *ADDL.R2 IS IMPLEADED AS THE LEGAL HEIR OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 01.11.2022 IN IA NO.1/2019 BY ADVS. SIJU KAMALASANAN ANJANA KANNATH(K/939/2014)
& LA.APP. NO. 313 OF 2018 AGAINST THE JUDGMENT AND ORDER DATED 25.10.2014 IN LAR NO.10 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION,THIRUVANANTHAPURAM. SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR: INDIRA D/O PONNAMMA, T.C.20/903, THUMPUVILAKATHU VEEDU, NIRAMANKARA, THIRUVANANTHAPURAM- 695 001 BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED SRI.MOHAMMED SADIQUE.T.A & LA.APP. NO. 314 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 24.11.2015 IN LAR NO.29 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANT/RESPONDENT IN LAR: STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR: PREMA RANI TC. 20/3098, KEEZHARNOOR MURI, KARAMANA BY ADVS. SRI.AYYAPPAN SANKAR SRI.JAYAN JOHN SMT.S.HRIDYA & LA.APP. NO. 315 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.11.2014 IN LAR NO.33 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM. SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR:
D. SUBRAMONIAN S/O. DEVANAYAGAM, SHREYAS, T.C.20/2560, S.S.STREET, KARAMANA, THIRUVANANTHAPURAM - 695002
BY ADVS. SRI.G.P.SHINOD SRI.GOVIND PADMANAABHAN SHRI.AJIT G ANJARLEKAR & LA.APP. NO. 316 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.11.2014 IN LAR NO.48 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM. SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR: SUBRAHMANIA IYER, S/O.VENKU IYER, T.C.20/2563, S.S.STREET, KARAMANA, THIRUVANANTHAPURAM. & LA.APP. NO. 335 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.30 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANT/RESPONDENT IN LAR: STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR:
K. JANARDHANAN IYER S/O.KRISHNA MOORTHY, T.C.20/2543(1), SHANKARA SUBBAYYER STREET, KARAMANA, THIRUVANANTHAPURAM - 695 002.
& LA.APP. NO. 360 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 13.10.2015 IN LAR NO.36 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPURAM SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR: 1 SUBHRAMANYA IYER, T.C.NO.20/2567, S.S.TREAT, KARAMANA [DIED AND LEGAL HEIRS IMPLEADED] ADDITIONAL RESPONDENTS 2 TO 7 *ADDL.R2 LEKSHMI, W/O . RAMAYYAR,C-62, 6TH FLOOR, SUCEYS COMPLEX,TROMBAY, MAHARASHTRA, PIN 400 088. *ADDL.R3 K.R.CHANDRASEKHAR @SHEKHAR,
S/O SEETHA, ASSET ENCLAVE, 23E, BOREWELL ROAD, RAMAGUNDAM LANE, WHITEFIELD, KARNATAKA, PIN - 560066. *ADDL.R4 RAJAGOPAL @RAJU, S/O SEETHA, VRINDAVAN APARTMENT G2/32, DR.RADHAKRISHNAN ROAD, THIRUVANNOOR, CHENNAI, PIN - 600 001. (ADDITIONAL RESPONDENTS 3 & 4 ARE THE LEGAL HEIRS OF DECEASED SEETHA WHO IS ONE OF THE SISTERS OF THE DECEASED RESPONDENT H.SUBRAMANYA IYER) *ADDL.R5 SARASWATHY VISWANATH @ SANTHA, W/O VISWANATH, T.C.-28/2567, S.S.STREET, KARAMANA, THIRUVANATHAPURAM, PIN 695002. *ADDL.R6 KRISHNAMMAL, W/O VENKITTARAMAN, TC 28/2567, SS STREET, S.S.R.A.-37, KARAMANA,THIRUVANANTHAPURAM, PIN 695002. *ADDL.R7 P.JAYAM, W/O CHIDAMBARAM, T.C.NO.17/1326(2), POOJAPPURA, THIRUVANATHAPURAM, PIN 695 012. *ADDITIONAL RESPONDENTS 2 TO 7 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED 1ST RESPONDENT VIDE

ORDER DATED 24.03.2025 IN IA NO.1/2023]

& LA.APP. NO. 362 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 22.02.2014 IN LAR NO.396 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT DIVISION, SRI.T.K.SHAJAHAN - SR.GP RESPONDENT/CLAIMANT IN LAR:

BINU S. SARASWATHY D/O. SARASWATHY AMMA, T.C. 50/672(3), KALADY, KULATHARA, KARAMANA P.O., THIRUVANANTHAPURAM - 695002.

& LA.APP. NO. 2 OF 2019 AGAINST THE JUDGMENT AND DECREE DATED 23.03.2017 IN LAR NO.32 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 SPECIAL TAHSILDAR(LA) PWD(SC),THIRUVANANTHAPURAM. SRI.T.K.SHAJAHAN - SR.GP RESPONDENTS/RESPONDENTS/CLAIMANTS IN LAR: 1 PADMANABHA IYER(DIED AND LEGAL HEIRS RECORDED) TC 20/2553,S.S.STREET,KARAMANA. R1 DIED AND RESPONDENT NO.2,3 AND 4 ARE RECORDED

AS THE LEGAL HEIRS OF THE DECEASED R1 VIDE ORDER

DATED 12/4/19 IN MEMO FILED BY THE G.P. ON 2 JANAKI.P W/O LATE PADMANABHA IYER,TC 20/2553,S.S.STREET, KARAMANA-695002.

3 RAMAKRISHNAN.P S/O.LATE PADMANABHA IYER,TC 4 VENKATTARAMAN.P, S/O.LATE PADMANABHA IYER,TC 20/2553, S.S.STREET,KARAMANA-695002. & LA.APP. NO. 109 OF 2019 AGAINST THE JUDGMENT AND DECREE DATED 28.02.2015 IN LAR NO.49 OF 2011 OF II ADDITIONAL SUB COURT, APPELLANTS/RESPONDENTS IN LAR: 1 THE STATE OF KERALA REP BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2 THE EXCECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM SRI.T.K.SHAJAHAN - SR.GP RESPONDENTS/CLAIMANTS IN LAR: 1 SUBRAMANIYAN ASARI,* T.C.21/2058, OTTATHERUVU, KARAMANA-695002. [DIED AND LEGAL HEIRS IMPLEADED] ADDITIONAL RESPONDENTS 1 TO 3 *ADDL.R1 G.MUTHUKUMARI D/O SUBRAMANIYAN ASARI, AGED 60 YEARS, T.C.24/2020, ERANIEL (JUNCTION), NEYYUR P.O., KANYAKUMARI. *ADDL.R2 S. MURUKAN S/O SUBRAMANIYAN ASARI,AGED 57 YEARS, T.C.20/2557 (T.C.45/2557-NEW NUMBER), AISWARYA, S.S.STREET, KARAMA - 695002. *ADDL.R3 RAJAKUMAR

S/OSUBRAMANIYAN ASARI, AGED 52 YEARS, T.C.29/1248/2, GAYATHRI, A.R.A.-109, PALKULANGARA, PETTAHA P.O.-695 038. *ADDITIONAL RESPONDENTS 1 TO 3 ARE IMPLEADED AS

LEGAL HEIRS OF DECEASED 1ST RESPONDENT VIDE ORDER

DATED 24.03.2025 IN IA No.1/2021. BY ADVS. A.CHANDRA BABU AVIJITH A.V & LA.APP. NO. 57 OF 2020 AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 IN LAR NO.598 OF 2010 OF II ADDITIONAL SUB COURT, APPELLANT/1ST CLAIMANT: UNNIKRISHNAN NAIR, AGED 69 YEARS S/O. RAMAN PILLAI, HSRA .B. 24, T.C. 50/874(2), SARANYA PRABHA KALADY, KARAMANA P.O. BY ADVS. D.SAJEEV SMT.LIGEY ANTONY RESPONDENTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695 043. 2 THE EXECUTIVE ENGINEER, PWD DIVISION, PUBLIC OFFICER, THIRUVANANTHAPURAM 695 033. SRI.T.K.SHAJAHAN - SR.GP

JUDGMENT

[LA.App. Nos.27/2017, 113/2018, 133/2018, 11/2017, 92/2017, 644/2015, and 360/2018]

Easwaran S., J.

These appeals, except LAA No.57 of 2020, are preferred by the State aggrieved by the enhancement granted by the Reference Court in respect of an acquisition relating to the widening of Kalady - Maruthoorkadavu (Reach-I) and Karamana - Thaliyal (Reach II) Road. The details of the extent of land, the amount fixed by the Land Acquisition Officer and the enhancement granted by the Reference Court are as follows:

Sl. LAA      LAR      Extent      4(1)             Award of    Award of      Reference
No No.       No.      (in Ares)   Notifica-        LAO         Reference     Court
                                  tion             (per Are)   Court         relied on

(per Are)

1    27/     401/     0.23        30.09.2006 Rs.1,35,733/-     Rs.10,00,000/- LAR
     2017    2010                                                             512/2010
2    644/    395/     1.40        30.09.2006 Rs.1,35,733/-     Rs.10,00,000/- LAR
     2015    2010                                                             394/2010
3    387/    8/       0.29        30.09.2006 Rs.2,61,858/-     Rs.12,00,000/- LAR
     2016    2011                                                             7/2011
4    11/     50/      0.03        30.09.2006 Rs.2,61,858/-     Rs.12,00,000/- LAR
     2017    2011                                                             7/2011
5    92/     571/     1.85        30.09.2006 Rs.1,35,733/-     Rs.10,00,000/- LAR
     2017    2010                                                             420/2010
6    279/    9/       0.43        30.09.2006 Rs.2,61,858/-     Rs.12,00,000/- LAR
     2017    2011                                                             466/2010
7    113/    420/     0.46        30.09.2006 Rs.1,35,733/-     Rs.12,53,133/- LAR
     2018    2010                                                             517/2010
8    133/    424/     0.42        30.09.2006 Rs.1,62,880/-     Rs.12,00,000/- LAR
     2018    2010                                                             451/2010

9   272/     611/     0.07        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
    2018     2010                                                             420/2010
10 310/      51/      0.14        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             611/2010
11 311/      6/       0.47        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             426/2010
12 313/      10/      0.85        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             397/2010
13 314/      29/      0.2         30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             595/2010
14 315/      33/      0.2         30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             507/2010
15 316/      48/      0.14        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             507/2010
16 355/      30/      0.08        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             466/2010
17 360/      36/      0.93        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2018      2011                                                             611/2010
18 362/      396/     0.01        30.09.2006 Rs.1,35,733/-     Rs.10,00,000/- LAR
   2018      2010                                                             517/2010
19 2/        32/      0.08        30.09.2006 Rs.2,61,858/-     Rs.10,00,000/- LAR
   2019      2011                                                             611/2010
20 109/      49/      0.34        30.09.2006 Rs.2,61,858/-     Rs.12,00,000/- LAR
   2019      2011                                                             466/2010

CLAIMANT’S APPEAL

Sl. LAA      LAR      Extent      4(1)             Award of    Award of        Reference
No No.       No.      (in Ares)   Notifica-        LAO         Reference       Court
                                  tion             (per Are)   Court           relied on

(per Are) 1 57/ 598/ 0.35 30.09.2006 Rs.1,62,880/- Rs.7,41,000/- Exhibit R5 2020 2010 and R5(b) Fair Value statement

2. LAA No.57 of 2020 arises out of the judgment and decree

dated 30.03.2019 in LAR No.598 of 2010 on the files of the II nd Additional Sub Court, Thiruvananthapuram. The claimant has preferred the above appeal aggrieved by the fixation of the land value by the Reference Court.

3. Heard, Sri.T.K.Shajahan - learned Senior Government

Pleader appearing on behalf of the State, Sri.G.P.Shinod - learned counsel for the claimant in LAA No.27 of 2017, Sri.Ayyappan Sankar - learned counsel for the claimant in LAA No.644 of 2015, Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.387 of 2016, Sri.Pirappancode V.S.Sudhir - learned counsel for the claimant in LAA No.92 of 2017, Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.279 of 2017, Sri.V.R.Gopu - learned counsel for the claimant in LAA No.133 of 2018, Sri.Nemom Chandra Babu - learned counsel for the claimant in LAA No.272 of 2018, Sri.K.S.Hariharaputhran -learned counsel for the claimant in LAA No.310 of 2018, Sri.K.Siju - learned counsel for the claimant in LAA No.311 of 2018, Sri.T.H.Abdul Azeez - learned counsel for the claimant in LAA No.313 of 2018, Sri.Ayyappan Sankar -learned counsel for the claimant in LAA No.314 of 2018, Sri.G.P.Shinod - learned counsel for the claimant in LAA No.315 of 2018, Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.109 of 2019 and Sri.D.Sajeev - learned counsel for the appellant in LAA No.57 of 2020.

4. When the matter is taken up for consideration today,

Sri.T.K.Shajahan - learned Senior Government Pleader placed before was a copy of the judgment dated 14.10.2024 in LAA No.61 of 2017 of the Coordinate Bench of this Court, which followed the earlier

judgment of this Court in LAA No.145 of 2018, wherein the

Coordinate Bench had refixed the land value to Rs.7,41,000/- per Are instead of Rs.10 lakhs by relying on the judgment in LAR No.563 of 2010 consequent to the remand order issued by this Court in LAA No.101 of 2008. We find that the Reference Court in LAR No.598 of 2010, out of which LAA No.57 of 2020 arises, had followed the very same principle and then fixed the land value at Rs.7,41,000/- per Are.

5. On a consideration of the materials on record and also the

judgment of this Court in LAA No.61 of 2017, we are of the view that

the appeals preferred by the State has to be allowed and the appeal preferred by the claimant i.e. LAA No.57 of 2020 is liable to be dismissed. Accordingly, the appeals preferred by the State are allowed and appeal preferred by the claimant in LAR No.598 of 2010 is dismissed. No order as to cost. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE ACR

Same Court & Year Kerala · 2025 Same Parties State of Kerala vs R.Harikumar Same Subject Land Acquisition Same Judge Honourable Dr. Justice a.K.Jayasankaran Nambiar,Honourable Mr...