Kerala High Court
Dr.Babu Thomas vs State Of Kerala on 1 July, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
LA.App.72 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946
LA.APP. NO. 72 OF 2024
JUDGMENT DATED 26.02.2014 IN LAR NO.190 OF 2012 OF II ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
APPELLANT/CLAIMANT:
1 DR.BABU THOMAS
AGED 80 YEARS
S/O POTHEN THOMAS, SIVAI, KIZHAKKEPARAMBIL, PONGUMOODU,
PEDIKKATTU MURI, CHERUVAIKKAL, THIRUVANANTHAPURAM,
PIN - 691533
2 DR. SODARI THOMAS
AGED 74 YEARS
W/O DR. BABU THOMAS, SIVAI, KIZHAKKEPARAMBIL, PONGUMOODU,
PEDIKKATTU MURI, CHERUVAIKKAL, THIRUVANANTHAPURAM,
PIN - 691533
3 SIBI THOMAS
AGED 52 YEARS
S/O BABU THOMAS, SIVAI, KIZHAKKEPARAMBIL, PONGUMOODU,
PEDIKKATTU MURI, CHERUVAIKKAL, THIRUVANANTHAPURAM
REPRESENTED BY HIS POWER OF ATTORNEY, DR. SODARI THOMAS,
W/O DR. BABU THOMAS, SIVAI, KIZHAKKEPARAMBIL, PONGUMOODU,
PEDIKKATTU MURI, CHERUVAIKKAL, THIRUVANANTHAPURAM,
PIN - 691533
BY ADV.SRI. B.ANANTHU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM, PIN - 695043
2 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, THIRUVANANTHAPURAM, PIN - 695001
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA.App.72 of 2024
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JUDGMENT
Dated this the 1st day of July, 2024
A.Muhamed Mustaque, J.
This appeal has been preferred by claimants with a delay of
2688 days. The delay was condoned on the condition that the
appellants will not be entitled for interest for the period covered by
the delay.
2. An extent of 1.50 Ares of property belonging to the
appellants was acquired for the purpose of widening of Ullur -
Akkulam -Kuzhivila Road. The notification issued under Section 4(1)
of Land Acquisition Act was published on 12.12.2007 and an award
was passed on 14.02.2011. The Land Acquisition Officer fixed the
land value at the rate of Rs.2,26,792/- per Are. This was enhanced
to Rs.24,17,100/- per Are by the reference court. In a similar appeal
(LA.APP.No.687/2015) and connected matters this Court has re-fixed
the land value at the rate of Rs.30,18,413/- per Are.
In the light of the above judgment of this Court, the land value
is re-fixed at the rate of Rs.30,18,413/- per Are. However, the
appellants will not be entitled to the interest for the period covered
LA.App.72 of 2024
by delay for the enhanced amount. The balance court fee shall be
paid within one month.
With the above direction, the appeal is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
MJL
LA.App.72 of 2024
PETITIONERS' ANNEXURES:
Annexure-1 DISCHARGE SUMMARY DATED 29/12/2017 ISSUED
BY NARAYANA INSTITUTE OF CARDIAC SCIENCES,
BOMMASANDRA, BANGLORE
Annexure-2 DISCHARGE SUMMARY DATED 12/01/2018 ISSUED
BY SREE CHITRA TIRUNAL INSTITUTE FOR
MEDICAL SCIENCES AND TECHNOLOGY,
TRIVANDRUM
Annexure-3 DISCHARGE SUMMARY DATED 01/09/2022 ISSUED
BY SREE CHITRA TIRUNAL INSTITUTE FOR
MEDICAL SCIENCES AND TECHNOLOGY,
TRIVANDRUM
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
PA TO JUDGE
