Kerala High Court
State Of Kerala vs A.M Amthew on 12 February, 2025
LA.APP.NO.725/2013 & conn.cases
1
2025:KER:12871
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
LA.APP. NO. 725 OF 2013
ARISING OUT OF THE JUDGMENT AND DECREE DATED
31.12.2012 IN LAR NO.658 OF 2009 II ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM.
2 THE EXECUTIVE ENGINEER
PWD NH DIVISION, THIRUVANANTHAPURAM.
BY ADV.SMT.REKHA C.NAIR, SR. GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS:
1 LEKSHMY L
D/O.KRISHNAN NAIR, PULIVILA PUTHEN VEEDU,
NALANCHIRA, THIRUVANANTHAPURAM-695015.
2 SURESH K.
PULIVILA PUTHEN VEEDU, NALANCHIRA,
THIRUVANANTHAPURAM-695015.
BY ADVS.
K.R.PRATHISH, R1 & R2
P.K.SREEVALSAKRISHNAN(K/581/2005)
LA.APP.NO.725/2013 & conn.cases
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2025:KER:12871
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 12.02.2025, ALONG WITH LA.App..546/2015 AND
658/2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP.NO.725/2013 & conn.cases
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2025:KER:12871
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
LA.APP. NO. 546 OF 2015
ARISING OUT OF THE JUDGMENT AND DECREE DATED
29.08.2014 IN LAR NO.671 OF 2009 OF II ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHPAURAM-695023.
2 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, THIRUVANANTHAPURAM-695023.
3 SPECIAL TAHASILDAR (LA) PWD (SC)
THIRUVANANTHAPURAM-695023.
BY ADV.SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS & RESPONDENT IN LAR:
1 A.M MATHEW : DECEASED
T.C.3/88, 89, ANACAUD VEEDU,
KESAVADASAPURAM-695011.
2 SANTHOSH MATHEW
T.C.3/88,89, OF ANACAUD VEEDU
KESAVADAPURAM - 695011
RECORDED AS LEGAL HEIR OF DECEASED R1 AS PER
ORDER DATED 24.08.2022 VIDE MEMO DATED 10.06.2019
IN LAA NO.546/2015
LA.APP.NO.725/2013 & conn.cases
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3 THE SECRETARY
TRIDA, THIRUVANANTHAPURAM-695023.
BY ADV SRI.TONY GEORGE KANNANTHANAM
SMITHA S PILLAI, SC, R3
REKHA C.NAIR, SR.GOVERNMENT PLEADER
TONY GEORGE KANNANTHANAM, R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 12.02.2025, ALONG WITH LA.App..725/2013 AND
CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP.NO.725/2013 & conn.cases
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2025:KER:12871
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
LA.APP. NO. 658 OF 2014
ARISING OUT OF THE JUDGMENT AND DECREE DATED
11.04.2013 IN LAR NO.850 OF 2009 OF II ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
APPELLANT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-695043.
BY ADV.SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT:
1 PRASANNA KUMAR.P : DIED
BIJU NIVAS, PANANVILA, PARUHIPPARA,
THIRUVANANTHAPURAM-695011.
(THE NAME OF THE 1ST RESPONDENT/CLAIMANT IS
CORRECTED AS "PRASANNAKUMARI.P." INSTEAD OF
PRASANNAKUMAR.P. VIDE SEPARATE ORDER DATED
16.08.2019 IN IA 1/19)
ADDL.R2
2
BAIJU P.S.
S/O.SASIDHARAN, PRASANNAM, DARSHAN NAGAR-21A,
II LANE, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM-695043
(IMPLEADED AS THE LEGAL HEIR OF DECEASED R1 VIDE
ORDER DATED 24/08/2022 IN IA NO.1/2020)
LA.APP.NO.725/2013 & conn.cases
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BY ADVS.
B.ANANTHU, R2
JOSH RAJAN (NALANCHIRA)(K/156/1995)
REKHA C.NAIR, SR.GOVT.PLEADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 12.02.2025, ALONG WITH LA.App..725/2013 AND
CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP.NO.725/2013 & conn.cases
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JUDGMENT
[LA.App.Nos.725/2013, 546/2015, 658/2014]
These three Land Acquisition Appeals are filed by the State
challenging the judgment and decree of the IInd Additional
Subordinate Judge's Court, Thiruvananthapuram, concerning the
very same land acquisition for the purpose of widening
Mannanthala-Kesavadasapuram Road. Hence, they are considered
and disposed of together.
2. L.A.A.No.725 of 2013 is filed from the judgment and decree
in L.A.R.No.658 of 2009. An extent of 0.12 Ares of land situated
in Re.Sy.No.451/42 of Kudappanakkunnu Village in
Thiruvananthapuram Taluk was acquired. Section 4(1) notification
under the Land Acquisition Act, 1894 was issued on 20.01.2006.
The Land Acquisition Officer (L.A.O.) awarded a land value of
Rs.2,45,369/- per Are. The reference court had enhanced the land
value to Rs.13,74,000/- per Are.
3. L.A.A.No.658 of 2014 is filed from the judgment and
LA.APP.NO.725/2013 & conn.cases
2025:KER:12871
decree in L.A.R.No.850 of 2009. An extent of 0.22 Ares of land
situated in Re.Sy.No.732/90 of Ulloor Village, in
Thiruvananthapuram Taluk was acquired. Section 4(1) notification
under the Land Acquisition Act, 1894 was issued on 31.01.2005.
The Land Acquisition Officer (L.A.O.) awarded a land value of
Rs.2,69,906/- per Are. The reference court had enhanced the land
value to Rs.21,60,000/- per Are.
4. L.A.A.No.546 of 2015 is filed from the judgment and
decree in L.A.R.No.671 of 2009. An extent of 0.43 Ares of land
situated in Re.Sy.No.09/82 of Ulloor Village, in Thiruvananthapuram
Taluk was acquired. Section 4(1) notification under the Land
Acquisition Act, 1894 was issued on 31.01.2005. The Land
Acquisition Officer (L.A.O.) awarded a land value of Rs.2,94,443/-
per Are. The reference court had enhanced the land value to
Rs.24,00,000/- per Are.
5. Heard Smt.Rekha C.Nair, learned Senior Government
Pleader for the appellant as also the learned counsel for the
respondents.
LA.APP.NO.725/2013 & conn.cases
2025:KER:12871
6. It is pointed out by the learned Government Pleader
that a Division Bench of this Court has disposed of a batch of Land
Acquisition Appeals in relation to lands acquired for the very same
purpose and the same notification, re-fixing the land value at
Rs.10,07,600/- per Are for the lands included in category 'A', at
Rs.9,84,700/- per Are for the lands included in category 'B', at
Rs.9,61,800/- per Are for the lands included in category 'C' and at
Rs.9,16,000- per Are for lands included in category 'D'. This has
been followed by this Court in the judgment dated 01.04.2019 in
L.A.A.No.120 of 2014 and connected case. A copy of the said
judgment is handed over for perusal. In the light of the above, I
deem it fit and appropriate to dispose of these Land Acquisition
Appeals in tune with the judgment in 01.04.2019 in L.A.A.No 120 of
2014 and connected cases.
7. Accordingly, the Land Acquisition Appeals are allowed.
Considering that the land involved in L.A.A.No.658 of 2014 falls
within 'B' category, the land value of the said lands is re-fixed at
Rs.9,84,700/- per Are. Similarly, the land involved in L.A.A.No.725 of
LA.APP.NO.725/2013 & conn.cases
2025:KER:12871
2013 falls within 'C' category and hence the land value of the said
lands is re-fixed at Rs.9,61,800/- per Are. As regards the land
involved in L.A.A.No.546 of 2015 is concerned, since it falls under
'A' category the land value of the said lands is re-fixed at
Rs.10,07,600/- per Are.
8. The respondents - claimants would be entitled to
compensation on the above basis and also to all statutory benefits
as admissible in law.
L.A.As are disposed of as above.
Sd/-
SYAM KUMAR V.M.
JUDGE
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