The Managing Director vs Krishnan Kutty
2024 Latest Caselaw 14313 Ker

Kerala High Court

The Managing Director vs Krishnan Kutty on 30 May, 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 3074 DAY OF MAY 2024 / 9TH JYAISHTA, 1946
LA.APP. NO. 387 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED IN LAR NO.55 OF 2009 OF SUB
COURT, KOLLAM

APPELLANT/RESPONDENT IN LAR :-

STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.

BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER

RESPONDENTS/CLAIMANT & 2ND RESPONDENT IN LAR_: -

1 RADHAKRISHNAN PILLAI,
S/0.PARAMESWARAN PILLAI, PARAMBEL THARAYIL
VEEDU, KALLELIBHAGAM, KOLLAM BABU, S/0.SIVANKUTTY, PADMA
VILASAM, KALLELIBHAGAM P.0O.,KARUNAGAPPALLY,
KOLLAM, PIN-690 519.

2 MANAGING DIRECTOR,
KERALA FEEDS LTD.,KALLETTUMKARA P.O.,
THRISSUR, PIN-680683.

BY ADV JOSEPH M.P. FOR R2

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ALONG
WITH CONNECTED CASES ON 30.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:


LA.APP. NOs. 387 OF 2017 & connected cases

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 3074 DAY OF MAY 2024 / OTH JYAISHTA, 1946
LA.APP. NO. 48 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED IN LAR NO.51 OF 2010 OF
SUB COURT, KOLLAM

APPELLANT/2ND_ RESPONDENT: -

THE MANAGING DIRECTOR
| KERALA FEEDS LTD.,KALLETTUMKARA, THRISSUR - 680 683.

BY ADV JOSEPH M.P.

RESPONDENTS/CLAIMANTS & 1ST RESPONDENT_=: -

*1 KRISHNAN KUTTY,
S/0.JANARDHANAN, MADATHIL VADAKKATHIL, KALLELIBHAGAM,
EDAKULANGARA P.0.,KARUNAGAPPALLY - 690 523.

*ADDRESS CORRECTED: -

"KRISHNANKUTTY, THATTARAYETHU PADEETHATHIL
NEAR THOTTUKKARA TEMPLE, EDAKULANGARA PO
KARUNAGAPPALLY, KOLLAM - 690 523

| ADDRESS OF THE 1ST RESPONDENT CORRECTED AS PER ORDER
DATED 14.10.19 IN I.A.NO.1/19

2 VALSALA, W/O.KRISHNAN KUTTY, MADATHIL VADAKKATHIL,
KALLELIBHAGAM, EDAKULANGARA P.0, KARUNAGAPPALLY,
NOW RESIDING AT LAL BHAVANAM, KALLELIBHAGAM VILLAGE,
KALLELIBHAGAM P.0O.,KARUNAGAPPALLY, KOLLAM - 690 519.

3 STATE OF KERALA


LA.APP. NOs. 387 OF 2017 & connected cases

3

REPRESENTED BY DISTRICT COLLECTOR, KOLLAM - 691 013.

BY ADVS.
FOR R2 - SRI.K.SIJU
SMT .S.SEETHA
FOR R3 - SRI.T.K.SHAJAHAN, SR.GP

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS
ALONG WITH CONNECTED CASED ON 30.05.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING : -



LA.APP. NOs. 387 OF 2017 & connected cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 30°4 DAY OF MAY 2024 / 9TH JYAISHTA, 1946
LA.APP. NO. 56 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 09.09.2016 IN LAR NO.8 OF
2011 OF PRINCIPAL SUB COURT, KOLLAM

APPELLANT/2ND_ RESPONDENT : -

THE MANAGING DIRECTOR
KERALA FEEDS LTD, KALLETTUMKARA,
THRISSUR. 680683

BY ADV JOSEPH M.P.

RESPONDENT LAIMANT 1ST RESPONDENT :-

1 *REMANAN
S/O KUTTAN, MADATHIL VADAKKETHARAYIL, KALLELIBHAGAM
MURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY -690519. --

2 *REMANI
D/O JANAKI, MADATHIL VADAKKETHARAYIL, KALLELIBHAGAM
MURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY -690519.

* ADDRESS OF THE RESPONDENT NO.1 AND 2 ARE AMENDED
AND CORRECTED AS,

R1 - REMANAN, S/O KUTTAN,MADATHIL VADAKKETHARAYIL,
THODIYOOR P.O., MUZHANGODI, KOLLAM -690523.

R2 - REMANI, D/O JANAKI, MADATHIL
VADAKKETHARAYIL, EDAKULANGARA P.0O.,


LA.APP. NOs. 387 OF 2017 & connected cases

5
KARUNAGAPPALLY, KOLLAM -690523.

VIDE ORDER DATED 10/3/2021 IN IA 1/2021.

3 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. 691013

BY ADVS.
FOR R1 & R2 - SRI.K.SIJU
SMT.ANJANA KANNATH
FOR R3 - SRI.T.K.SHAJAHAN, SR.GP

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS
ALONGS WITH CONNECTED CASES ON 30.05.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:


LA.APP. NOs. 387 OF 2017 & connected cases

COMMON JUDGMENT

[LA.App. Nos.387/2017, 48/2018 & 56/2018]

A.MUHAMED MUSTAQUE, J

These matters are settled in mediation at District Mediation Centre, Kollam based on the directions from this Court.

In the light of settlement deed, we dispose of these appeals. Agreement will form part of the judgment. The appellant will be entitled for refund of

court fee.

All pending interlocutory applications are closed. Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU, JUDGE SMA

Rbk. A ERE SES

DHstrint Mediation Centre, Kotiam.

YE, Hav ble Registrar Ghakelad} , Hear ble High Court of Kergla, Rachh 682031.

Say

Sux Mediation in bLAAd 387/2Diy of the Hon"ble High Count of Kerala ~ forwarding

of . reg

Ret Letter LAA AST/AU1Y dated 17.04.2024 of the Hon'ble High Court of Kerala.

As per the reference ched above, | here by submit che mediation repart (settled . : v

along with agreement} In LAA S87ANMY of the Hon'ble High Coun of Kerala for firther

HECeSALY aChan,

Date: P7.O5. Re

Yours faithfully,

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. KERALA STATE MEDIATION AND CONCILIATION CENTRE HIGH COURT MEDIATION CENTRE /THSTRICT MEDIATION CENTRE

TO BE RETURNED TO THE NODAL OFFICER TO BE COPIED TO THE REFERING JUDGE

. § es 2 a ag \\ 5 ae ry t. N

1. Case Number ....bbh SVS. TS gn Senenk ae ; LAR oe 8 SQ i --

3, Tid the case ultimately settle: } - Yea \" Np

3. Wye a} Bate of setilement: ... 85 Voda. be by} -Has the agreemont been reduced Inte writing! ; Yeo" No

¢) Have any related cases been setfled as a result? Blease list case nmiumbers:

4 if'na, what wes the primary reason for non-selllement:

Case was NOT mediated because:

a} ry Case was deemed unfit for mediation. Why anfk?

b} [One or more necessary parties never appeared: P) Plainthit [} Defendant "Beth

oc} ["] Que or more necessary partics failed fo appear lor a follow-up .

[} Plaintg? [| Defendant [} Bath

tape

("] One ore more parties could not obtain authority te nowatiate Ty Plaintitt P) Defendant Pt Both

Case Moedisted but:

e} [") One or more parties appeared bat refosed to participate in mediation [_) Maint? (} Defendant (| Both

f) [7] Could not reach agreement on terms

Rd

§, Bates:

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% Bas £8 aan FY ara Ne , a} Retorn of fileto Court: 0. A DRAG SANS, no vouauenocpenscpevaesocvoesen petguaseaussuneareagagusgesenewnes 4 BER x

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bh) Partles appearance befits the Coarts...ccccsc seneennerernernrenreneanenoanenneennenecaesasan earns eey

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D.No. 75 /24/DMC/KLM Date: 17.05.2024

From, Nodal Officer, District Mediation Centre, Kollam.

To, Hon'ble Registrar (Judicial) , CU Hon' ble High Court of Kerala, Kochi- 682031.

Sir,

Sub: Mediation in LAA282/2017& Connected cases of the Hon'ble High Court of Kerala ~ forwarding of - reg

Ref: Letter LAA282/2017& Connected cases dated 11.04.2024 of the Hon'ble High Coun of Kerala.

As per the reference cited above, | here by submit the mediation reports in LAA282/2017& Connected cases of the Hon'ble High Court of Kerala for further necessary

action.

ad Yours faithfully, ae Nodal Officer tO wage may hs i oN ee. District Mediation Centre, ar ee f: ' ee ca Kollam.

- yo Sh ah cw "s Vs F a Encl:

1. Two settlement agreements(LAA 48/18, LAR 51/2010 & LAA 56/18, LAR 08/2011).

2. Seven not settled reports.

Sheeti

Details of Mediation report in LAA 2862/2017 and connected cases

SINo LAANO. ___ Remarks

LLAA 282/2017 __Notsetted

--2LAA337/2017 | Not settled

_SLAA 18/17 oe Not settted

ALAA 28/18 | Not settled

--SLAA4VIB Not setiled

'6LAA 48/18, LAR 51/2010 isettied along with agreement

_71LAA 56/18, LAR 08/2011 settled along with agreement

LAA 68/2018 Not settled

|

| gL AA 73/18 | wan sented

Page 1

os + Cleve The Hymavrveble Vreh, Gut % burcte --

. ADA -- 12 fodote NM) [> - | Kv tshanvews buctHeg_ Abncke feeol <Adt-- Ont. Ohg® --

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE CIVIL PROCEDURE (MEDIATION) RULES 2005

1, The parties above name beg to submit as follows:

A (i) The aforesaid suit/s, Petition/s, Appeal/s, Complaint were referred to

Mediation for resolving the dispute between the parties. In the Course of mediation, they have tesoived their dispute and have agreed to the following terms and conditions:

@ Ie maltiv is frlhad fos be cole

Achset, Ho paneer Qn aa yaves fidunw cH Kar coftumet attr Iredendl.

r.) (li) en' vel wy

&2. in view of the aforesaid agreement entered into between the parties. The parties pray that the suit/s, Petition/s, Appeal/s be decree/dismissed/

Disposed of, in terms of the aforesaid agreement. aan

3. In view of the aforesaid agreement, the plaintiff/s Appellant/s prays '

For refund of the full institution Fee. p7

4. Parties will appear on before for the Hon'ble cout " at

for passing Orders/Decree in terms of the above said agreement. -pEt- 132334

Plaintiff/s, Petitioner/s oo Appellant/s, Applicant/s © S.-!

Complainant. anaein Direwe | Saagh eos Lin 6 we Berita tid a. -- | rn ere ib, Advocate for Teixgt PMe bate ty ator f

Plainrtiff/s, Petitioner/s Appellant/s, Applicant/s

Complainant. Aref F

Gown "op ati

Defendant/s ON w

Respondents, Wa Accused . a

P) } Boi Planer.

prs a

We, the parties above named, do hereby solemnly state and declare that what. |s |

contained in paragraphs 1to Are true to the best of our knowledge, information and belief

Ty Plainniftis, Petitioner/s We Respondents 2°."

Appeliant/s, Aoptisttle 4 ad, Complaint. ie | hriasi Dj 3 Place: lA Mla, w Date: 23, dir dott; Defendant/s, Respondent/s Accused Cy, Ua) wes AYR rd be 3930 rye ND % SHIBU A.T. a 1 PEN; 132334 re # spy Mee |

. (Animal Husbandry} Department nes | wi. Secretariat, Thiruvansnthapuran Phone : 9471-2518289

$ AENT AGRE

This settlement agreement is entered into on 23.04.2024 at Kollam

By and between

ota Keg a uusnmnssunce Party 1

2... mye lgay seeenesstecseraseontnnereeeennataeesenteneceesrcens PORT 2

eR we aes s

3. Kerala Feeds Limited, Kallettumkera, Thrissur, represented by its Managing Director -- Party 3

4. Government of Kerala represented by the Additional Secretary, Animal Husbandry Department-

Party 4 BEDLF

5. State of Kerala represented by the District Collectar- Party 5 ton. ~ _s % itl Roy eS ya Se i QBree

Whereas 4" Party had acquired land in the ownership of the 1 and 2™ Parties in Kallelibhap Peek Karunagappally, Kollam District, after issuing a 4{1) notification under Land Acquisition Act 1893~

vide LAC no... S6{oo.- Lote. LO ssarensssserecsesssusrsepsoee and transferred the same to the 3'° Party for

establishment of their Cattle Feed Plant in 2009-10

Whereas an amount of RS... ccccssssccsccssecsesesecsesessseseceee

had been paid to the 1" and 2™ parties

towards value of the said land at the time of acquisition of the same, which the parties had accepted under protest and filed Land Acquisition Reference (LAR} case for enhancement before the Sub

Court Kollam vide LAR... SIL / 2... sesvovvaveensesvess

Whereas the Sub Court had vide its final judgment in the above LAR granted enhancement ot

RS nrecpeesiserccesetioncnnaeee Plus additional interest of 15% on enhanced compensation to the parties i and 2

Whereas the 3" party/ 4" party had filed appeal vide LAA... agli al .. before the Hon High Court against the verdict of the Sub Court in LAR.. ef Qo SSlaele o

Whereas the 1" and 2"* Parties had filed Execution petition no. 21201%. before the Sub Court for execution of the order of the Sub Court in LAR ..120.f 0. Ferd Or cccsen

Whereas Shri./Smt ...

.. had been engaged on temporary Daily

Wage basis as nominee of Parties 1 '& 2 'and the proposal fot appraval for appointment ta permanent post is pending with the Government vide File no F2/130/2015/AH

And Whereas the Hon High Court has vide its decision dated 05.04.2024 directed to place the above =~

case No LAA... 42,20 ©......, before Mediation at District Mediation Centre Kollam on 23.04.2024 =

AT.

AND WHEREAS the parties hereto confirm and declare that. they have voluntarily and of thew oss tree will arrived at this Settlement Agreement in the presence of the Mediator and Ai ecg emer

counsel;

The following settlement has been arrived at betweeg t ih rties to the LAA case

10...49{ 201%... hereto:

otSada Aw .

aie , Kollam vic ads ERE LolbeeSvesdl. BI nson re 3s Dane Rasim dS oe"

1, Acompensation amount calculated as follows shall be recelved by the i" and 2™ Party as

full end final settlement for theie claim for enhanced land value as per the referred LAC.

* 55% increase in land value +

Solatium @ 30% on this incressed land valuce

15% interest for remaining period upto 30.11.2019. The Total compensatian will be ns..02. 584, -caculeted tH 30.27.2019.

2. The demand during the mediation negotiation for interest from 112.2019 tll the date of this agreement would be cansidered by the company subject to eligibility as per LA act 1894, and government approval . This clause will not affect the other clauses of this agreement.

3. The amount of final settlement shall be net of the amount already received by the 1! and 2% party, if any, through attachment in connected EP case no.L4.2] 2014 In cases were excess amount has been received by the 1" and 2" party in connected EP in excess of the compromise amount: they shall refund the excess amount to the camesny with in the penod of 18 ronths from the date of this settlement. Compromise amount as an

30.11.2019 duets the parties shail be paid withles 3 manths within date of this settlement.

4, This agreement shall be forwarded te goverrinent for considering permanent engagement for the person mentioned above based on their qualification in worker/workman posts. The appointment letter in permanent vacancy shall be issued te him/her within an year of the C

date of this agreernent with the approval of government;

5. Upon settlement agrecment for the full compensation amount and permanent engagement as stated above, the 1" and 2™ Party shall withdraw the EP case ne.. JAA Ol%...., LAA te BRL nie BN Boy other connected cases Med with Sub <n

~~ _

ec! SHIBU A.T.

- BF Ret " The parties undertake to do ail acts necessary for complying with the terms and Mnpeter te present Settlement Agreement. "* try} Department Fre, Seem 2 'Thiruransnthepurass ent,

The Parties have entered upon and signed the present Settlement Agreem Jeeta Gevaag 18289 alin p coercion and without any undue influence. The Parties have been made understood the

iol Ardem wad)

PIC pase rei i

"contents of the presert Setllenient Agreement in their vernacular language and they admit the same to be true and correct,

That the partics undertake before the Hon'ble Court ta sbide by the terms. and conditions set gut in the agreement and nat to dispute the same hereinatter in future. '

Signature of Parties:

ValSala oh

2. ' .

. LalWhaShrers Me PNA oy @24) a) oe

4.

Signature af Counsel

» Sep - P

SAT AHS OTC ae

Ny i _ Tg

OV Gout Pleoaden - : Mah ce he Mediator, at :

~

KERALA STATE MEDIATION AND CONCILIATION CENTRE

HIGH COURT MEDIATION CENTRE / DISTRICT MEDIATION CENTRE

1. Case Number wbaAB. HB (.2018..C nde Vga. Count, LAR. Su QAO

2. Did the case ultimately ¢:

3. Ifyes:

TO BE RETURNED TO THE NODAL OFFICER TO BE COPIED TO THE REFERING JUDGE

Date of settlement: 2B OH L Rb ene Has the agreement been reduced into writing? Yes

Have any related cases been settled as a result? Please list case numbers:

4. Ifno, what was the primary reason for non-settlement:

Case was NOT mediated because:

a) [[] Case was deemed unfit for mediation. Why unfit?

b) = [[] One or more necessary parties never appeared: [(] Plaintiff [] Defendant [_] Both

c) [[] One or more necessary parties failed to appear for a follow-up ([] Plaintiff [_] Defendant [[] Both

d) -- [[] One ore more parties could not obtain authority to negotiate [_] Plaintiff [_] Defendant [_] Both Case Mediated but:

¢) [(]One or more parties appeared but refused to participate in mediation [] Plaintiff ([] Defendant [_] Both

f) [[] Could not reach agreement on terms

5. Dates:

a) Retum of file to Court? nS GASARG... seccaseansseeteartnesnssoseavearecneness

Yes -- No

No