State Of Kerala vs N.Anandan
2024 Latest Caselaw 28882 Ker

Kerala High Court

State Of Kerala vs N.Anandan on 3 October, 2024

Author: Amit Rawal

Bench: Amit Rawal

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR. JUSTICE AMIT RAWAL
                               &
           THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
                    LA.APP. NO. 358 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 16.1.2016 IN LAR NO.369
    OF 2010 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1        STATE OF KERALA
         REPRESENTED BY THE DISTRICT COLLECTOR,
         THIRUVANANTHAPURAM.

2          THE EXECUTIVE ENGINEER
           PWD DIVISION, THIRUVANANTHAPURAM.

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

RESPONDENTS/CLAIMANTS:
1        N.ANANDAN, S/O. NEELAKANDAN, ASWATHI, TC
         75/1612, PETTAH VILLAGE, PIN-695 035.

2          BHAGAVATHY LAKSHMI SANKARAN MADHAVAN,
           CHAKKAI, VADAKKUMMURI VEEDU,
           KARIKKAKAM MURI, PIN-695 035.

3          PITCHEN KESAN
           CHAKKAI, VADAKKUM MURI VEEDU, VAYYAMOOLA MURI,
           KADAKAMPALLY PAKUTHI, PIN-695 035.

           BY ADVS.
           SRI.ELDHO ALIAS
           SRI.HARISH GOPINATH
           SRI.R.S.KALKURA
           SRI.M.S.KALESH
           SMT.NEENU PAVITHRAN
           SRI.SANGEETH BINOY THEVARKATTIL

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                        2024:KER:73828
LA.APP. NO. 358 OF 2016
                                  2

            AMIT RAWAL & EASWARAN S., JJ.
                 ------------------------------------
                   L.A.App.No.358 of 2016
                -------------------------------------
           Dated this the 3rd day of October, 2024

                         JUDGMENT

Easwaran S.,J.

The present appeal is filed by the State challenging the

judgment and decree dated 16.1.2016 in L.A.R No.369/2010 on the

files of the Court of II Additional Sub Judge, Thiruvananthapuram.

2. The acquisition was for an extent of 0.27 Ares of land in

survey No.126 (LA re-survey No.126/13) of Vanchiyoor Village in

Thiruvananthapuram Taluk for widening of ROB in Pettah-Anayara

road. Section 4(1) notification was published on 20.9.2008 and

award was passed on 27.2.2010 for an amount of Rs.1,82,194.26.

Dissatisfied with the compensation awarded, the claimants sought

reference under Section 18 of the Land Acquisition Act. By

judgment and decree dated 16.1.2016, the II Additional Sub Court,

Thiruvananthapuram enhanced the land value to Rs.6,11,521/- and

ordered that other statutory benefits also would flow out of the same.

2024:KER:73828 LA.APP. NO. 358 OF 2016

3. When the matter was taken up for consideration today,

the learned Government Pleader appearing on behalf of the State

brought to the notice of this Court that a Co-ordinate Bench of this

Court considered the appeals preferred by the State against the same

acquisition and by judgment dated 13.6.2018 in L.A.App.717/2014

& connected cases, dismissed the appeals preferred by the State

confirming the enhancement granted by the Land Acquisition

Reference Court.

We have perused the judgment rendered by the Co-ordinate

Bench of this Court in L.A.App.717/2014 & connected cases dated

13.6.2018 and see no reason to differ from the findings of the Co-

ordinate Bench. Accordingly, the appeal is dismissed. No order as

to costs.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE jg