Kerala High Court
The State Of Kerala vs Mathai on 27 June, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 760 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 16.01.2014 IN LAR
NO.42 OF 2012 OF ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANT/RESPONDENT:
STATE OF KERALA
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN GP
RESPONDENTS/CLAIMANT AND 2ND RESPONDENT:
1 MARIAMMA THOMAS, W/O.LATE THOMAS, AREECKAL
HOUSE, CHERIA VAPPALASSERY, NOW RESIDING AT
AREECKAL (H), NEAR VIDHYADHIRAJA SCHOOL, MEKKAD
P.O, NEDUMBASSERY VILLAGE, ALUVA TALUK. 683 589
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAYS, ERNAKULAM 682 011
BY ADVS.
SRI.K.R.MURALI FOR R1
SRI.PEARL K.DAVIS FOR R1
SRI.K.SHRI HARI RAO, SC, RAILWAYS FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 27.06.2024 ALONG WITH LAA NOS.763 AND 765 OF
2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.760, 763 & 765 of 2014
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 763 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 10.01.2014 IN LAR
NO.43 OF 2012 OF ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN GP
RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN LAR:
1 MATHAI, S/O. LATE MATHAI, MANAYATH HOUSE,
CHERIYA VAPPALASSERY, ANGAMALY SOUTH P.O., NOW
RESIDING AT MANAYATH HOUSE, MAMBRA P.O., WEST
KORATTY, THRISSUR DISTRICT-680 006. (* DIED;
ADDL.R3 AND R4 IMPLEADED)
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
SOUTHERN RAILWAY, ERNAKULAM-682 017.
ADDL.R3 SMT.MARY, W/O. LATE MATHAI, AGED 75 YEARS,
MANAYATH HOUSE, 196, WEST KORATTY, MAMBRA P.O.,
THRISSUR DISTRICT-680 308
ADDL.R4 SRI.BABU, S/O.LATE SRI.MATHAI, AGED 48 YEARS,
MANAYATH HOUSE, 196, WEST KORATTY, MAMBRA P.O.,
THRISSUR DISTRICT-680 308
ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED IN
THEIR CAPACITY AS THE LEGAL HEIRS OF THE
LAA Nos.760, 763 & 765 of 2014
..3..
DECEASED FIRST RESPONDENT VIDE ORDER DATED
28/11/2016 IN IA 1221/16.
BY ADVS.
SRI.M.A.ANZAR FOR R1 AND ADDL.R3 AND R4.
SRI.B.RAJESH, SC, RAILWAYS FOR R2
SRI.K.A.HASHIM FOR R1 AND ADDL.R3 AND R4.
SRI.K.R.MURALI FOR R1 AND ADDL.R3 AND R4.
SMT.MAREEJA MOOSA FOR R1.
SRI.PAUL JACOB FOR R1.
SRI.PEARL K.DAVIS FOR R1 AND ADDL.R3 AND R4.
SRI.I.K.RAJU FOR R1 AND ADDL.R3 AND R4.
BINELLA MARY JACOB FOR R1 AND ADDL.R3 AND R4.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 27.06.2024 ALONG WITH LAA NOS.760 AND 765 OF
2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.760, 763 & 765 of 2014
..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 765 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 16.01.2014 IN LAR
NO.44 OF 2012 OF ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN GP
RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:
1 ANNAMMA, W/O. MATHAI, ARACKAL HOUSE, ANGAMALY -
683 572.
2 GRANCY, D/O. MATHAI, ARACKAL HOUSE, ANGAMALY-
683 572.
3 GEORGE, S/O. MATHAI, ARACKAL HOUSE, ANGAMALY-
683 572.
4 MARTIN, S/O. MATHAI, ARACKAL HOUSE, ANGAMALY-
683 572.
5 JESSY, D/O. MATHAI, ARACKAL HOUSE, ANGAMALY- 683
572.
6 JOBY, S/O. MATHAI, ARACKAL HOUSE, ANGAMALY- 683
572.
7 JINCY, D/O. MATHAI, ARACKAL HOUSE, ANGAMALY- 683
LAA Nos.760, 763 & 765 of 2014
..5..
572.
8 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM - 682 011.
BY ADVS.
SRI.M.A.ANZAR FOR R1 TO R7
SRI.B.RAJESH, SC, RAILWAYS FOR R8
SRI.K.A.HASHIM FOR R1 TO R7
SRI.K.R.MURALI FOR R1 TO R7
SMT.MAREEJA MOOSA FOR R1 TO R7
SRI.PAUL JACOB FOR R1 TO R7
SRI.PEARL K.DAVIS FOR R1 TO R7
SRI.I.K.RAJU FOR R1 TO R7
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 27.06.2024 ALONG WITH LAA NOS.760 AND 763 OF
2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.760, 763 & 765 of 2014
..6..
JUDGMENT
A. Muhamed Mustaque, J.
The State has come up with these appeals challenging the
award of the Reference Court.
2. In a reference under Section 28(A)(3) of the Land
Acquisition Act, the Reference Court, relying on the judgment in LAR
No.152 of 2009, awarded compensation at Rs.4,59,788/- per Are.
In an appeal preferred before this Court i.e., LAA No.502 of 2013 as
against the award in LAR No.152 of 2009, this Court reduced the
market value to Rs.3,50,650/- per Are.
3. In view of the fact that this is a reference under Section
28(A)(3) of the Land Acquisition Act and this Court reduced the
market value in a similar and identical matter, we reduce the
compensation awarded by re-fixing the market value at
Rs.3,50,650/- per Are.
These appeals stand disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
PR
