K. Syamalakumari Amma vs State Of Kerala
2024 Latest Caselaw 5045 Ker

Kerala High Court

K. Syamalakumari Amma vs State Of Kerala on 15 February, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                      LA.APP. NO. 607 OF 2022
    AGAINST THE JUDGMENT DATED 28.11.2017 IN LAR 50/2012 OF II
             ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANT/CLAIMANT:

          K. SYAMALAKUMARI AMMA
          AGED 69 YEARS
          D/O KESAVA PILLAI, PUTHUVAL PUTHEN VEEDU, AKKULAM
          COLONY, THURAVICKAL P.O, CHERUVAIKKAL VILLAGE,
          THIRUVANANTHAPURAM., PIN - 695011
          BY ADVS.
          PIRAPPANCODE V.S.SUDHIR
          AKASH S.
          GIRISH KUMAR M S
          V.S.VARALEKSHMI


RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL STATION
          ROAD, THIRUVANANTHAPURAM, PIN - 695 043

    2     THE EXECUTIVE ENGINEER
          PWD, PMG, THIRUVANANTHAPURAM, PIN - 695 033

          BY ADV GOVERNMENT PLEADER FOR R1 AND R2


     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH LA.App..442/2022, 183/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 607 OF 2022 & con.cases
                                 2



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                      LA.APP. NO. 442 OF 2022
    AGAINST THE JUDGMENT DATED 26.02.2014 IN LAR 29/2013 OF II
              ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/CLAIMANTS 1, 2 & 4:

    1      GEORGE VARGHESE
           T.C.11/3310, CHALAKKUZHI ROAD,
           MADATHUVILAKOM ROAD, PATTOM VILLAGE,
           THIRUVANANTHAPURAM DIST, PIN - 695 004

    2      SUSAN VARGHESE
           T.C.11/3310, CHALAKKUZHI ROAD,
           MADATHUVILAKOM ROAD, PATTOM VILLAGE,
           THIRUVANANTHAPURAM DIST, PIN - 695 004

    3      PRADEEP JOHN VARGHESE
           T.C.11/3310, CHALAKKUZHI ROAD,
           MADATHUVILAKOM ROAD, PATTOM VILLAGE,
           THIRUVANANTHAPURAM DIST, PIN - 695 004

           BY ADVS.
           PIRAPPANCODE V.S.SUDHIR
           AKASH S.
           A.MEGHA
           GIRISH KUMAR M S
           V.S.VARALEKSHMI
           AMRITHAPRIYA.C


RESPONDENTS/RESPONDENTS & 3rd CLAIMANT:

    1      STATE OF KERALA
           REPRESENTED BY THE DISTRICT COLLECTOR,
           THIRUVANANTHAPURAM, PIN - 695 043
 LA.APP. NO. 607 OF 2022 & con.cases
                                3

    2     THE EXECUTIVE ENGINEER
          PWD (ROADS) PMG,
          THIRUVANANTHAPURAM., PIN - 695 033

    3     PRASANTH GEORGE VARGHESE
          T.C.11/3310, CHALAKKUZHI ROAD,
          MADATHUVILAKOM ROAD, PATTOM VILLAGE,
          THIRUVANANTHAPURAM DIST., PIN - 695 004

          BY GOVERNMENT PLEADER FOR R1

          BY ADV JELSON J.EDAMPADAM FOR R3


     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH LA.App..607/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 607 OF 2022 & con.cases
                                  4



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                      LA.APP. NO. 183 OF 2022
   AGAINST THE JUDGMENT DATED 20.12.2014 IN     LAR 137/2012 OF II
           ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM
APPELLANT/CLAIMANT:

          JAYA MOHANAN
          S/O SIVASANKARA PILLAI,
          MANGALYA.T.C.5/2169, CHERUVAICKAL VILLAGE,
          THIRUVANANTHAPURAM DIST-695 004.

          BY ADVS.
          PIRAPPANCODE V.S.SUDHIR
          AKASH S.
          A.MEGHA


RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE DISTRICT COLLECTOR,
          THIRUVANANTHAPURAM-695 043.

    2     THE EXECUTIVE ENGINEER
          PWD (ROADS), PMG, THIRUVANANTHAPURAM-695 033.

          BY GOVERNMENT PLEADER
     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH LA.App..607/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 607 OF 2022 & con.cases
                                  5

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                       LA.APP. NO. 612 OF 2022
    AGAINST THE JUDGMENT DATED 26.02.2014 IN LAR 45/2012 OF II
             ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/CLAIMANT:

    1     SHOBHANA,
          AGED 54 YEARS
          RESIDING AT PUTHUVAL PUTHEN VEEDU,
          AKKULAM, THURAVICKAL P.O.,
          THIRUVANANTHAPURAM., PIN - 695 031

    2     JAYAKUMARY
          AGED 51 YEARS
          RESIDING AT PUTHUVAL PUTHEN VEEDU,
          AKKULAM, THURAVICKAL P.O.,
          THIRUVANANTHAPURAM, PIN - 695 031

    3     JAYAKUMAR T
          AGED 49 YEARS
          RESIDING AT PUTHUVAL PUTHEN VEEDU,
          AKKULAM, THURAVICKAL P.O.,
          THIRUVANANTHAPURAM, PIN - 695 031

          BY ADVS.
          PIRAPPANCODE V.S.SUDHIR
          AKASH S.
          GIRISH KUMAR M S
          V.S.VARALEKSHMI


RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE DISTRICT COLLECTOR,
          THIRUVANANTHAPURAM, PIN - 695 043
 LA.APP. NO. 607 OF 2022 & con.cases
                                  6

    2     THE EXECUTIVE ENGINEER
          PWD (ROADS), PMG,
          THIRUVANANTHAPURAM., PIN - 695 033

          BY GOVERNMENT PLEADER
     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH LA.App..607/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 607 OF 2022 & con.cases
                                          7

                                   T.R.RAVI.J
                -------------------------------------------------------
                LA.App. Nos.607, 442, 183, & 612 of 2022
               --------------------------------------------------------
                 Dated this the 15th day of February, 2024

                                  JUDGMENT

When the case is taken up, it is submitted by the

counsel on either side that the issue involved is covered by

the judgment of a Division Bench of this Court in

LA.App.No.21/2020 and connected cases. The acquisition

relates to the widening of Ulloor-Akkulam-Kuzhivila road. The

notification for acquisition was dated 12.12.2007. In similar

facts, this Court had enhanced the land value to

Rs.30,18,413/- per Are. In view of the judgment of the

Division Bench, these appeals are also allowed by re-fixing the

compensation for the land to Rs.30,18,413/ per Are. The

appellants will be entitled to get all statutory benefits on the

enhanced compensation. In LAA.Nos.607/2022 and 612/2022, LA.APP. NO. 607 OF 2022 & con.cases

at the time of condoning the delay, this Court had ordered

that the appellants will not be entitled to interest that would

accrue during the period of delay if the compensation granted

by the reference court is enhanced by this Court.

In the above circumstances, the amounts that the

appellants will be entitled to on the basis of the enhancement

granted in LAA.Nos.607/2022 and 612/2022, will be calculated

excluding the interest portion for the period of delay. The

parties shall bear their respective costs.

Sd/-

T.R.RAVI

JUDGE sn LA.APP. NO. 607 OF 2022 & con.cases

PETITIONER'S ANNEXURES

Annexure I THE ORIGINAL OF THE MEDICAL CERTIFICATE DATED 15.10.2022 ISSUED BY DR.S.RAJU, CERTIFYING THAT THE APPELLANT WAS UNDER HIS TREATMENT FROM 20.02.2018 TO 25.05.2020

Annexure II THE ORIGINAL OF THE MEDICAL CERTIFICATE DATED 15.10.2022 ISSUED BY DR.S.RAJU CERTIFYING THAT THE APPELLANT WAS UNDER HIS TREATMENT FROM 15.06.2020 TO 25.09.2022 LA.APP. NO. 607 OF 2022 & con.cases

PETITIONER'S ANNEXURES

Annexure1 TRUE COPY OF THE MEDICAL REPORT DATED 23.02.2022 ISSUED BY ANUGRAHAM NEURO CARE, THIRUVANANTHAPURAM ISSUED IN FAVOUR OF THE 1ST APPELLANT LA.APP. NO. 607 OF 2022 & con.cases

PETITIONER'S ANNEXURES

Annexure 1 TRUE COPY OF THE CORONARY ANGIOGRAM REPORT DATED 25.11.2008 ISSUED BY THE CARDIO VASCULAR CENTRE, ANANTHAPURI HOSPITALS AND RESEARCH CENTRE, THIRUVANANTHAPURAM

Annexure 11 TRUE COPY OF THE PTCA REPORT DATED 25.11.2008, ISSUED BY THE CARDIO VASCULAR CENTE, ANANTHAPURI HOSPITALS AND RESEARCH CENTRE, THIRUVANANTHAPURAM

Annexure A111 TRUE COPY OF THE DISCHARGE CERTIFICATE DATED 27.11.2008 ISSUED BY THE CARDIO VASCULAR CENTRE ANANTHAPURI HOSPITALS AND RESEARCH CENTRE, THIRUVANANTHAPURAM

Annexure IV TRUE COPY OF THE DISCHARGE SUMMARY DATED 2.10.2020 ISSUED FROM THE S.K. HOSPITAL, THIRUVANANTHAPURAM

Annexure V TRUE COPY OF THE DISCHARGE SUMMARY DATED 12.8.2021 ISSUED FROM THE S.K.HOSPITAL, THIRUVANANTHAPURAM LA.APP. NO. 607 OF 2022 & con.cases

PETITIONER's ANNEXURES

Annexure I TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 14.03.2022 ISSUED BY TAHSILDAR, THIRUVANANTHAPURAM, CERTIFYING THAT THE APPELLANTS ARE THE LEGAL HEIRS OF SMT.BABY.P Annexure II TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE SUB REGISTRAR OF BIRTHS & DEATHS, MUNICIPAL CORPORATION THIRUVANANTHAPURAM CERTIFYING THAT SRI.APPU.C, THE ORIGINAL 1ST CLAIMANT AND THE APPELLANTS' FATHER DIED ON 24.03.2017