Kerala High Court
State Of Kerala vs T.K.Gopi on 23 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
LA.APP. NO. 324 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 27.02.2017 IN LAR NO.7
OF 2014 OF SUB COURT/COMMERCIAL COURT, THIRUVALLA
APPELLANT/1ST RESPONDENT IN L.A.R:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,PATHANAMTHITTA.
SR.T.K.SHAJAHAN - SR. GP
RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R:
1 T.K. RAJAN (THANKARAJAN)
MYLAMOOTTIL, MEENTHALAKKARA MURI,
KUTTAPUZHA, THIRUVALLA - 689 103.
2 SOUTHERN RAILWAY .
REP BY DEPUTY CHIEF ENGINEER, (CONSTRUCTIONS),
ERNAKULAM - 682 016.
BY ADVS.
SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS
SRI.K.SHRI HARI RAO, SC, RAILWAYS
SRI.RINNY STEPHEN CHAMAPARAMBIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 23.10.2024, ALONG WITH LA.App..318/2017, 328/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
LA.APP. NO. 318 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 27.02.2017 IN LAR NO.9
OF 2014 OF SUB COURT, THIRUVALLA
APPELLANT/1ST RESPONDENT IN L.A.R:
STATE OF KERALA
REPRESENTED B Y THE DISTRICT COLLECTOR,
PATHANAMTHITTA.
SRI.T.K.SHAJAHAN - SR. GP
RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R:
1 T.K.GOPI
MYLAMOOTTIL, MEENTHALAKKARA MURI,
KUTTAPUZHA, THIRUVALLA,- 689 101.
2 SOUTHERN RAILWAY
REP BY DEPUTY CHIEF ENGINEER, (CONSTRUCTIONS),
ERNAKULAM - 682 011.
BY ADVS.
SRI.RINNY STEPHEN CHAMAPARAMPIL
SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS
SRI.K.SHRI HARI RAO, SC, RAILWAYS
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
23.10.2024, ALONG WITH LA.App..324/2017 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
LA.APP. NO. 328 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 31.01.2017 IN LAR NO.1
OF 2014 OF SUB COURT, THIRUVALLA
APPELLANTS/CLAIMANTS & 2ND RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA.
SRI.T.K.SHAJAHAN
RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR:
1 JOY THOMAS
PLAVUMIKKUNNATHIL, ERUVALLIPRA MURI,
KUTTAPPUZHA, THIRUVALLA-689103.
2 SOUTHERN RAILWAY
ERNAKULAM, REPRESENTED BY DEPUTY CHIEF
ENGINEER(CONSTRUCTIONS).
BY ADVS.
SRI.RINNY STEPHEN CHAMAPARAMPIL
SRI.S.PRASHANTH, SC, RAILWAYS
S.KRISHNA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 23.10.2024, ALONG WITH LA.App..324/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
LA.APP. NO. 338 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 27.02.2017 IN LAR NO.8
OF 2014 OF SUB COURT, THIRUVALLA
APPELLANT/1ST RESPONDENT IN L.A.R.:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA
SRI.T.K.SHAJAHAN - SR. GP
RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R.:
1 T.T.GOPALAN
MYLAMOOTTIL, MEENTHALAKKARA MURI,
KUTTAPUZHA,THIRUVALLA 689 103
2 SOUTHEERN RAILWAY
REPRESENTED BY DEPUTY CHIEF ENGINEER,
(CONSTRUCTIONS),ERNAKULAM 682 016
BY ADVS.
SRI.RINNY STEPHEN CHAMAPARAMPIL
SRI.K.SHRI HARI RAO, SC, RAILWAYS
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 23.10.2024, ALONG WITH LA.App..324/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
5
JUDGMENT
[LA.App. Nos.324/2017, 318/2017, 328/2017, 338/2017]
Amit Rawal, J.
1. This order shall dispose of four(4) appeals
preferred by the State against the judgment and decree of
the Reference Court deciding reference Nos.1,7,8 and 9 of
2014. The Government of Kerala caused a notification under
Section 4(1) of the Land Acquisition Act on 14.11.2011 on
the premise that in the previous acquisition for the purpose
of doubling of Chengannur-Chingavanam railway track
caused by notification dated 18.07.2009, very small pieces
of land were left out. Land Acquisition Officer, noticing all
the facts, assessed the compensation at Rs.1,55,942/-
(Rupees one lakh fifty five thousand nine hundred forty two
only) per Are whereas Reference Court by taking into
consideration Ext.A2 sale deed enhanced it to Rs.6,52,300/-
(Rupees six lakhs fifty two thousand and three hundred
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
only) per Are in LAR.No.1 of 2014 and Rs.8,00,000/-
(Rupees eight lakhs only) in the other References.
2. Sri.T.Shajahan, learned Government Pleader
appearing on behalf of the State submitted that as per the
acquisition caused in 18.07.2009, this court had enhanced
the compensation to around Rs.6 lakhs in LAAP.147/2017
and con. cases and therefore, the amount of compensation
in the instant case is liable to be at par with the judgment
ibid.
3. On the other hand, learned counsel for the
respondents submitted that there is a difference of two(2)
years from the date of notification and the order of the
reference court, there was an increase in the prices of land.
Ext.A2 sale deed of the year 2011 is the testimony.
4. We have heard the learned counsel for the
parties and apprised the paper books.
5. In view of the findings in the order of the
reference court, the argument of counsel for respondents
2024:KER:80927
LA.APP.NO.324/2017 & Con. cases
merit acceptance as there is a difference of two(2) years
from the acquisition caused in the previous round and
subsequent, and prices of the land during the interregnum
had increased. Ext.A2 is the yardstick taken into
consideration for arriving at a just and equitable
compensation. We do not find any illegality and perversity.
Appeals stand dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
nak
