State Of Kerala vs Sarojam
2021 Latest Caselaw 16726 Ker

LA.APP. NO.235 OF 2014
                               1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE C.S.DIAS
  WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                    LA.APP. NO. 235 OF 2014
   AGAINST THE JUDGMENT IN LAR 561/2009 OF II ADDITIONAL SUB
                   COURT, THIRUVANANTHAPURAM
APPELLANT/RESPONDENT:

          STATE OF KERALA
          REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM

          BY GOVERNMENT PLEADER SMT.K.G.SAROJINI



RESPONDENTS/CLAIMANTS:

    1     SAROJAM
          PAUL BUILDING, SOJAN VILLA, NALANCHIRA
          THIRUVANANTHAPURAM 695 015.

    2     P. LAWARANCE
          PAUL BUILDING, SOJAN VILLA, NALANCHIRA
          THIRUVANANTHAPURAM 695 015.

          MARY LAWRENCE
          PAUL BUILDING, SOJAN VILLA NALANCHIRA,
          THIRUVANANTHAPURAM-695015.
          {THE 1ST RESPONDENT 'SAROJAM' WHO IS NONE OTHER THAN
          THE 3RD RESPONDENT 'MARY LAWARANCE' IS RECORDED THE
          LEGAL REPRESENTATIVE OF THE DECEASED 2ND RESPONDENT
          AS PER THE ORDER IN I.A. NO. 336 OF 2016
          (I.A.NO.2/2016) DATED 05/08/2021}.

    3     SOJAN M. LAWRENCE,
          PAUL BUILDING, SOJAN VILLA, NALANCHIRA,
          THIRUVANANTHAPURAM-695015.

    4     SAJIN M. LAWRENCE,
          PAUL BUILDING, SOJAN VILLA, NALANCHIRA,
          THIRUVANANTHAPURAM-695015.
 LA.APP. NO.235 OF 2014
                                      2

     5       SAJINI M. LAWRENCE,
             PAUL BUILDING, SOJAN VILLA, NALANCHIRA,
             THIRUVANANTHAPURAM-695015.

             (ADDITIONAL R3 TO ADDL. R5 ARE IMPLEADED AS LEGAL
             REPRESENTATIVES OF THE DECEASED 2ND RESPONDENT AS
             PER ORDER DATED 05.08.2021 IN IA 336 PF 2016 (I.A
             No.2/2016)

             BY ADVS.
             SRI.JOSH RAJAN
             BASANT BALAJI
             SRI.SABU S.KALLARAMOOLA FOR R1, R4 AND R5




      THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON   11.08.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 LA.APP. NO.235 OF 2014
                                3

                          JUDGMENT

Aggrieved by the judgment and decree in L.A.R

No.561/2009 of the II Additional Subordinate Judges Court,

Thiruvananthapuram , the State is in appeal.

2. An extent of 0.18 ares of land in Re-Sy.No.442/69

of the Kudappanakkunnu Village in Thiruvananthapuram

Taluk was acquired for the purpose of widening of the

Mannanthala - Kesavadasapuram Road. The Section 4(1)

notification was issued on 31.01.2005 under the Land

Acquisition Act,1894. The Land Acquisition Officer

categorised the properties. The property in question was

categorised as 'C' category and land value was fixed at

Rs.2,45,369/- per Are. On the reference made by the

respondents, the Reference Court, relying on the judgment

in LAR No.827/2009, enhanced the land value of 'A'

category property to Rs.24,00,000/- per Are from

Rs.2,94,493/- per Are. After giving a deduction of 25%, to LA.APP. NO.235 OF 2014

the above land value, the land value of the 'C' category

property was fixed at Rs.19,20,000/- per Are. It is

challenging the above fixation that the appeal is filed.

3. It is conceded by the learned Government Pleader

that this Court while considering a batch of cases arising

out of the same notification in respect of similarly situated

properties, this Court upheld the land value fixed by the

Reference Court and declined interference by the

judgments in LAA No.662 of 2013 and LAR 26/2013. The

respondents are entitled to the very same benefit as in the

previously decided appeals.

In the above factual matrix, nothing further survives in

this appeal. The appeal is devoid of any merits and is

hence dismissed.

                                    Sd/-   C.S.DIAS
ma/11.8.2021                               JUDGE