Kerala High Court
Meliyadath Kamala vs O.K.Janardhanan Nambiar on 4 April, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:28335
L.A.Apps 192 & 1/2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
LA.APP. NO. 192 OF 2020
AGAINST THE JUDGMENT AND DECREE DATED 17.8.2016 IN
LAR NO.96 OF 2011 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANT/CLAIMANT NO.1:
MELIYADATH KAMALA
AGED 69 YEARS,
W/O.BALAN, PADINJARAYIL VEEDU, P.O.KEEZHALLUR,
KEEZHALLUR VILLAGE, KANNUR DISTRICT.
BY ADV SRI.T.RAMESH BABU
SRI.C.K.SREEJITH
RESPONDENTS/CLAIMANT NO.2 & SUPPLEMENTAL CLAIMANT NO.3
AND RESPONDENTS 1 TO 3:
1 O.K.JANARDHANAN NAMBIAR
"SARASIJA", P.O.KEEZHALLUR, KEEZHALLUR VILLAGE,
KANNUR DISTRICT-670612.
2 POYILAN ABDUL KHADAR,
AGED 70 YEARS
S/O.ABU HAJI, PWD CONTRACTOR, NADUVIL HOUSE,
T.C.ROAD, PAZHASSI AMSOM, MATTANNUR DESOM-
670702.
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L.A.Apps 192 & 1/2020
2
3 GOVERNMENT OF KERALA,
REP.BY DISTRICT COLLECTOR, KANNUR-670001.
4 THE MANAGING DIRECTOR,
KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM-
695010.
5 THE SPECIAL TAHSILDAR (LA),
AIR PORT, NO.1 MATTANNUR-670702.
BY ADVS.
K.V.PAVITHRAN FOR R2
JAYANANDAN MADAYI PUTHIYAVEETTIL(K/572/2004) FOR
R2
JITHIN S SUNDARAN(K/000967/2016)
ADARSH KURIAN(K/154/2020)
P.U.SHAILAJAN FOR R4
SRI.T.K.SHAJAHAN, SR.GP FOR R3 & R5
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ORDERS/HEARING ON 19.03.2025, ALONG WITH LA.App..1/2020,
THE COURT ON 04.04.2025 DELIVERED THE FOLLOWING:
2025:KER:28335
L.A.Apps 192 & 1/2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
LA.APP. NO. 1 OF 2020
AGAINST THE JUDGMENT AND DECREE DATED 17.8.2016 IN
LAR NO.96 OF 2011 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANT/SUPPLEMENTAL CLAIMANT NO.3:
POILAN ABDUL KHADAR,
AGED 68 YEARS
S/O ABU HAJI, NADUVIL VEEDU, CONTRACTOR,
NITTUVOTTUM KUNNU, PAZHASSI AMSOM, MATTANNUR
DESOM.
BY ADVS.
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SRI.NIAS MOOPAN
SRI.P.SAJU
SRI.E.M.UNNIKRISHNAN MANJERI
RESPONDENTS/CLAIMANTS 1 & 2 & RESPONDENTS 1 TO 3:
1 MELIYEDATH KAMALA,
W/O BALAN PATINJARAYIL VEEDU.P.O.KEEZHALLUR,
KEEZHALLUR VILLAGE, KANNUR DISTRICT.
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L.A.Apps 192 & 1/2020
4
2 O.K.JANARDHANAN NAMBIAR,
"SARASIJA", P.O.KEEZHALLUR, KEEZHALLUR VILLAGE,
KANNUR DISTRICT.
3 GOVERNMENT OF KERALA,
REP. BY DISTRICT COLLECTOR, KANNUR
4 THE MANAGING DIRECTOR,
KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM.
5 THE SPECIAL TAHSILDAR (LA),
AIR PORT, NO.1, MATTANNUR.
BY ADVS.
SRI.T.RAMESH BABU FOR R1
SRI.C.K.SREEJITH FOR R1
SHRI.P.U.SHAILAJAN, SC, KINFRA FOR R4
SRI.T.K.SHAJAHAN, SR.GP FOR R3 & R5
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH LA.App..192/2020, THE COURT ON
04.04.2025 DELIVERED THE FOLLOWING:
2025:KER:28335
L.A.Apps 192 & 1/2020
5
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
EASWARAN S., J.
-------------------------------
L.A.App.Nos.192/2020 & 1/2020
-----------------------------------
Dated this the 4th day of April, 2025
JUDGMENT
Easwaran S., J.
Both the appeals arise out of the judgment and decree dated
17.8.2016 in L.A.R No.96/2011 on the files of the Addl. Sub Court,
Thalassery. The appellant in L.A.App.No.192/2020 is the first
claimant in L.A.R No.96/2011, whereas the appellant in
L.A.App.No.1/2020 is the 3rd claimant.
2. The brief facts necessary for the disposal of the appeals
are as follows:
An extent of 0.4419 Hectors of land in R.S No.17/3 of Keezhallur
Village in Thalassery Taluk was acquired for the purpose of Kannur
Airport at Mattannur, which is the subject matter of L.A.R
No.96/2011. An extent of 1.1584 Hectors of land in R.S No.17/3 of
Keezhallur Village in Thalassery Taluk was also acquired for the
purpose of Kannur Airport at Mattannur. The appellant in
L.A.App.No.1/2020 (Sri.Poyilan Abdul Khadar) raised a claim in
respect of 3.47 Acres of land in R.S No.17/1, when the said land was
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L.A.Apps 192 & 1/2020
acquired along with the neighbouring properties. The appellant in
L.A.App No.1/2020 preferred O.S.No.416/2009 before the Sub Court,
Thalassery for a declaration of title regarding the extent of land. The
land acquisition officer discarded the claim of the appellant in
L.A.App.No.1/2020 and proceeded to pass an award in favour of the
appellant in L.A.App.No.192/2020. The appellant in
L.A.App.No.192/2020, Smt.Meliyedath Kamala possessed an extent
of 0.4419 Hectors of land in R.S No.17/3 of Keezhallur Village.
Though the land acquisition officer fixed the land value at
Rs.22,48,740/- per Hector, since there was dispute on the title of the
property, the amount was deposited under Section 30 of the Land
Acquisition Act. The parties sought separate references under
Section 18 of the Land Acquisition Act, and both the references,
L.A.R Nos.50/2011 and 96/2011, were jointly tried. The reference
court also considered the dispute on the title as L.A.R No.357/2010
and by judgment and decree dated 10.09.2015, the reference court
held in favour of Smt.Meliyadath Kamala. The appellant in
L.A.App.No.1/2020 (Sri.Poyilan Abdul Khadar) challenged the
aforesaid judgment in L.A.App.No.77/2016 and during the pendency
of the said appeal, a joint compromise statement was filed on behalf
of the parties, wherein the parties decided to sort out their issue on
the remaining disputed extent of 21 cents by agreeing to apportion
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L.A.Apps 192 & 1/2020
the lands between them in the ratio 11:10, i.e. 11 cents in favour of
Poyilan Abdul Khadar and the remaining in favour of Smt.Meliyadath
Kamala. It is in the above backdrop, we proceed to consider these
appeals in order to see as to whether the appellants are entitled for
entitlement of the amount.
3. Heard Sri.K.V.Pavithran and Sri.K.Ramesh Babu, the
learned counsel appearing for the appellant in L.A.App.Nos.1/2020
and 192/2020, respectively, and Sri.T.K.Shajahan, the learned Senior
Government Pleader appearing for the State.
4. On consideration of the rival submissions raised across
the bar, we are of the view that the claim for enhancement by
Smt.Meliyadath Kamala in L.A.App.No.192/2020 is liable to be
allowed. The reference court while considering the claim for
enhancement, relied on Ext.A10 judgment and fixed the market
value at Rs.41,570/- per Are, i.e. Rs.16,830/- per cent. We noticed
that in L.A.App.No.361/2017 against the judgment and decree in
L.A.R No.50/2011 preferred by Poyilan Abdul Khadar, the appellant
in L.A.App. No.1/2020, a Division Bench of this Court enhanced the
land value to Rs.25,963/- per cent. On a perusal of the said judgment,
we find that the land acquisition reference arose from the very same
notification and the purpose of acquisition is also one and the same.
That being so, we see no reason as to why the land value in respect
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L.A.Apps 192 & 1/2020
of 0.4419 hectares of land should not be enhanced to Rs.25,963/- per
cent. Accordingly, we allow L.A.App.No.192/2020 and refix the land
value at Rs.25,963/- per cent. The appellant will also be entitled to
all statutory benefits and also proportionate costs in the appeal.
5. Insofar as L.A.App.No.1/2020 is concerned, we take note
of the joint statement of compromise preferred by the parties in
L.A.App.No.77/2016 and order that the compromise recorded
therein will also bind on the parties insofar as the enhanced
compensation is concerned. Therefore, in terms of the said
compromise, we find that the appellant in L.A.App.No.1/2020 will be
entitled for compensation for 11 cents @ Rs.25,963/- per cent, which
would come to Rs.2,85,593/-, along with all statutory benefits to the
aforesaid extent.
Ordered accordingly.
Sd/-
DR.A.K.JAYASANKARAN NAMBIAR,
JUDGE
Sd/-
EASWARAN S.,
JUDGE
jg
