Ajay Babu vs State Of Kerala
2023 Latest Caselaw 982 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                       &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                  LA.APP. NO. 165 OF 2016
   [AGAINST THE JUDGMENT & DECREE DTD.26.9.2015 IN LAR
            152/2013 OF SUB COURT, THODUPUZHA]
APPELLANT/CLAIMANT:

               AJAY BABU
               S/O BABU, KUNNATHEL, ARIKUZHA
               BY ADVS.
               SRI.MATHEW JOHN (K)
               SRI.DOMSON J.VATTAKUZHY


RESPONDENTS/RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL
               STATION, PAINAVU, KUILIMALA, IDUKKI-685602
    2          THE EXECUTIVE ENGINEER,
               PWD (ROADS)DIVISION, PAINAVU, IDUKKI-685602
        THIS    LAND   ACQUISITION         APPEAL    HAVING    COME   UP   FOR
ADMISSION       ON    17.01.2023,     ALONG     WITH    LA.App..212/2016,
209/2019,       THE    COURT   ON    THE      SAME    DAY     DELIVERED    THE
FOLLOWING:
 L.A.A.Nos.165 & 212 of 2016 & 209 of 2019
                                  ..2..



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                  LA.APP. NO. 212 OF 2016
   [AGAINST THE JUDGMENT & DECREE DTD. 31.8.2015 IN LAR
             85/2014 OF SUB COURT, THODUPUZHA]
APPELLANT/CLAIMANT:

                JOHN
                S/O. MATHAI, ARUKALIL HOUSE, CHITTOOR, MANAKKADU
                VILLAGE, THODUPUZHA.
                BY ADVS.
                SRI.MATHEW JOHN (K)
                SRI.DOMSON J.VATTAKUZHY


RESPONDENTS/RESPONDENTS:

     1          STATE OF KERALA,
                REPRESENTED BY THE DISTRICT COLLECTOR,PAINAVU,
                KUILIMALA, IDUKKI-685 603.
     2          THE EXECUTIVE ENGINEER
                PWD (ROADS)DIVISION, PAINAVU, IDUKKI-685 603.

                BY SR.GOVT.PLEADER SR.S.GOPAKUMAR
         THIS    LAND   ACQUISITION       APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 17.01.2023, ALONG WITH LA.App.165/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 L.A.A.Nos.165 & 212 of 2016 & 209 of 2019
                                  ..3..



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                  LA.APP. NO. 209 OF 2019
   [AGAINST THE JUDGMENT & DECREE DTD.31.10.2017 IN LAR
             10/2014 OF SUB COURT, THODUPUZHA]
APPELLANTS/RESPONDENTS:

     1          THE DISTRICT COLLECTOR,
                PAINAVU, KUYILIMALA, IDUKKI DISTRICT.
     2          THE EXECUTIVE ENGINEER,
                PWD (ROADS) DIVISION, PAINAVU P.O., IDUKKI.
                BY SR.GOVERNMENT PLEADER SRI.S.GOPINATHAN


RESPONDENT/CLAIMANT:

                MATHAI GEORGE,
                CHOORAPUZHAKALAPURAKKUNNEL (H), VAZHAKULAM P.O.,
                MUVATTUPUZHA REPRESENTED BY POWER OF ATTORNEY
                HOLDER MATHEWS GEORGE, S/O.GEORGE, CHOORAPUZHA
                (H), MANJALLOOR VILLAGE, VAZHAKKULAM KARA,
                MUVATTUPUZHA- 686670.
                BY ADV SRI.DOMSON J.VATTAKUZHY


         THIS    LAND   ACQUISITION       APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 17.01.2023, ALONG WITH LA.App..165/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 L.A.A.Nos.165 & 212 of 2016 & 209 of 2019
                                  ..4..



                           JUDGMENT

Shoba Annamma Eapen,J:

L.A.A.Nos.165/2016 and 212/2016 are filed by the

claimants challenging the judgment and decree dated 26.9.2015 in

L.A.R.No.152/2013 and the judgment and decree dated 31.8.2015

in L.A.R.No.85 of 2014 of the Sub Court, Thodupuzha and

L.A.A.No.209/2019 is filed by the State challenging the judgment

and decree dated 31.10.2017 in L.A.R.No.10/2014 of the Sub Court,

Thodupuzha. Similar matter challenging the judgment and decree

of similar cases had been allowed and the matters were remitted

for fresh disposal to the reference court vide judgment dated 29 th

November,2022 in L.A.A.Nos.335 of 2022 and connected cases.

2. Learned Government Pleader submits that these

matters are also covered by the judgment in the above L.A.A.

In view of the above, these appeals are also allowed and

the matters are remitted for fresh disposal to the reference court.

The appellants will be entitled to refund of the court fee paid on the

memoranda of appeals. We make it clear that the

appellants/claimants will not be entitled for interest for the period L.A.A.Nos.165 & 212 of 2016 & 209 of 2019 ..5..

covered by the delay in filing and representing the appeal, if the

claimants are found to be entitled for enhancement by the court

below.

The parties are directed to appear before the court

below on 20th February,2023. The Registry shall communicate a

copy of this judgment to the Reference Court.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE MBS/-