Citation : 2025 Latest Caselaw 5403 Ker
Judgement Date : 24 March, 2025
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 27 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 19.12.2015 IN
LAR NO.401 OF 2010 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
2 THE EXECUTIVE ENGINEER
PWD DIVISION, THIRUVANANTHAPRUAM
SRI. T.K SHAJAHAN, SR GP
RESPONDENT/CLAIMANT IN LAR:
R.HARIKUMAR
T.C. 50/665 (1), KALADY, KARAMANA P.O
THIRUVANANTHAPURAM- 695 002
BY ADVS.
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SHRI.AJIT G ANJARLEKAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..113/2018, 133/2018 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LAA No.27/2017
and connected cases
2
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 644 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN
LAR NO.395 OF 2010 OF II ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM 695 005.
2 THE EXECUTVE ENGINEER
PWD DIVSION, THIRUVANANTHAPURAM 695 005.
SRI. T.K SHAJAHAN, SR GP
RESPONDENT/CLAIMANT IN LAR:
SUKUMARA PILLAI R.
ROHINI MANDHIRAM, ANUGRAHA, V.G.R.A - 26,
VATTAVILA, NEAR G.H.S., ATTINGAL PO, 695 101.
BY ADVS.
SRI.AYYAPPAN SANKAR
SRI.JAYAN JOHN
SMT.S.HRIDYA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
3
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 387 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 25.11.2015 IN
LAR NO.8 OF 2011 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.
SRI. T.K SHAJAHAN, SR GP
RESPONDENT/CLAIMANT IN LAR:
PADMANABHA IYER
T.C 20/2569,MELARANNUR MURI,KARAMANA, 695 002.
BY ADV SRI.A.CHANDRA BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
4
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 11 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 21.11.2015 IN
LAR NO.50 OF 2011 OF II ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM.
2 THE EXECUTIVE ENGINEER
PWD DIVISION, THIRUVANANTHAPURAM.
SRI. T.K SHAJAHAN, SR GP
RESPONDENT/CLAIMANT IN LAR:
SOUMYA THANKAM
D/O.THANKAM, SUNDARESAN, T.C.20/2545, S.S.STREET,
KARAMANA, THIRUVANANTHAPURAM, PIN-695002.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
5
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 92 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 04.07.2016 IN
LAR NO.571 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.
SRI. T.K SHAJAHAN, SR GP
RESPONDENTS/CLAIMANTS IN LAR:
1 NIDISH LAL. V
MOHANVILLA, KALADY, KARAMANA,
THIRUVANANTHAPURAM-695002.
2 DEEPA R.THAMPI
KALADY, KARAMANA, THIRUVANANTHAPURAM-695002.
BY ADV SRI.PIRAPPANCODE V.S.SUDHIR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
6
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 279 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN
LAR NO.9 OF 2011 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 THE STATE OF KERALA
REPRSENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM.
2 THE EXECUTIVE ENGINEER
PWD DIVISION, THIRUVANANTHAPURAM.
SRI. T.K SHAJAHAN, SR GP
RESPONDENT/CLAIMANT IN LAR:
K.CHANDRAN
PRASANTHAM, D.B. STREET, KARAMANA - 695 002.
BY ADV SRI.A.CHANDRA BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
7
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 113 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 16.02.2017 IN
LAR NO.420 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
PUBLIC WORKS DEPARTMENT DIVISION,
THIRUVANANTHAPURAM.
SRI. T.K SHAJAHAN, SR GP
RESPONDENTS/CLAIMANT IN LAR:
1 P. RAJU [DIED]
T.C 50/500, VAISAKH, KALADY,
THIRUVANANTHAPURAM - 695 002.
*ADDL.R2 VALSALA S,
W/O P.RAJU, T.C.50/500(1), VADAKKEVILAKATHU
VEEDU, KALADY, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
*ADDL.R3 RAJITHA R.V., S/O P.RAJU, NANDANAM, T.C50/22(3),
KALADY WEST,THIRUVANANTHAPURAM - 695 002.
LAA No.27/2017
and connected cases
8
2025:KER:25595
*ADDL.R4 SHIJI V.R.,
D/O P.RAJU, SREEVAISAKH, T.C.50/500,
MARUTHOORKKADAVU, KALADY, T
HIRUVANANTHAPURAM - 695 002.
*ADDITIONAL RESPONDENTS 2 TO 3 ARE IMPLEADED AS
THE LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT AS
PER ORDER DATED 01.11.2022 IN IA NO.3/2019
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
9
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 133 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 28.10.2014 IN
LAR NO.424 OF 2010 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
2 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT DIVISION,
THIRUVANANTHAPURAM.
SRI. T.K SHAJAHAN, SR GP
RESPONDENT/CLAIMANT IN LAR:
J.GOPAKUMAR
S/O.JANARDHANAN NAIR, KUNJU VEEDU,
KALADY DESOM, MANACAUD-695 009.
BY ADVS.
SRI.V.R.GOPU
SRI.J.NARAYANA PILLAI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
10
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 272 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 30.07.2014 IN
LAR NO.611 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 ROADS DIVISION, THIRUVANANTHAPURAM
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
SATYA VAGHEESWARAN
S/O. SANKARA NARAYANA IYER, T.C.50/822(8)
KALADY, MANACAUD, THIRUVANANTHAPURAM - 695 009
BY ADV NEMOM CHANDRA BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
11
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 310 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 08.10.2015 IN
LAR NO.51 OF 2011 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.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
SARASWATHY,
T.C. NO. 20/2455, MELARANOOR,
KARAMANA - 695 002.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
12
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 311 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.03.2015 IN LAR
NO.6 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
2 THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT DIVISION,
THIRUVANANTHAPURAM
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
1 N. LEKSHMANAN [DIED]
T.C. 20/2528, THALIYAL ROAD, KARAMANA, 695 002
*ADDL.R2 SANDHYA MAHESH,
T.C.20/2525, MIDHUNAM, KNRA-43, THALIYAL ROAD,
KARAMANA P.O., PIN 695002, THIRUVANANTHAPURAM
*ADDL.R2 IS IMPLEADED AS THE LEGAL HEIR OF THE
DECEASED 1ST RESPONDENT AS PER ORDER DATED
01.11.2022 IN IA NO.1/2019
BY ADVS.
K.SIJU
ANJANA KANNATH(K/939/2014)
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
13
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 313 OF 2018
AGAINST THE JUDGMENT AND ORDER DATED 25.10.2014 IN
LAR NO.10 OF 2011 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.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
INDIRA
D/O PONNAMMA, T.C.20/903, THUMPUVILAKATHU VEEDU,
NIRAMANKARA, THIRUVANANTHAPURAM- 695 001
BY ADVS.
SRI.T.H.ABDUL AZEEZ
SRI.K.P.MAJEED
SRI.MOHAMMED SADIQUE.T.A
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
14
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 314 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 24.11.2015 IN
LAR NO.29 OF 2011 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
PREMA RANI
TC. 20/3098, KEEZHARNOOR MURI, KARAMANA
BY ADVS.
SRI.AYYAPPAN SANKAR
SRI.JAYAN JOHN
SMT.S.HRIDYA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
15
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 315 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 28.11.2014 IN
LAR NO.33 OF 2011 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.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
D. SUBRAMONIAN
S/O. DEVANAYAGAM, SHREYAS, T.C.20/2560,
S.S.STREET, KARAMANA, THIRUVANANTHAPURAM - 695002
BY ADVS.
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SHRI.AJIT G ANJARLEKAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
16
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 316 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 28.11.2014 IN
LAR NO.48 OF 2011 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.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
SUBRAHMANIA IYER,
S/O.VENKU IYER, T.C.20/2563, S.S.STREET,
KARAMANA, THIRUVANANTHAPURAM.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
17
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 335 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 31.03.2015 IN
LAR NO.30 OF 2011 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
K. JANARDHANAN IYER
S/O.KRISHNA MOORTHY, T.C.20/2543(1), SHANKARA
SUBBAYYER STREET, KARAMANA,
THIRUVANANTHAPURAM - 695 002.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
18
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 360 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 13.10.2015 IN
LAR NO.36 OF 2011 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
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
1 SUBHRAMANYA IYER,
T.C.NO.20/2567, S.S.TREAT, KARAMANA
[DIED AND LEGAL HEIRS IMPLEADED]
*ADDL.R2 LEKSHMI,
W/O . RAMAYYAR,C-62, 6TH FLOOR, SUCEYS
COMPLEX,TROMBAY, MAHARASHTRA, PIN 400 088.
*ADDL.R3 K.R.CHANDRASEKHAR @SHEKHAR,
S/O SEETHA, ASSET ENCLAVE, 23E, BOREWELL ROAD,
LAA No.27/2017
and connected cases
19
2025:KER:25595
RAMAGUNDAM LANE, WHITEFIELD, KARNATAKA, PIN -
560066.
*ADDL.R4 RAJAGOPAL @RAJU,
S/O SEETHA, VRINDAVAN APARTMENT G2/32,
DR.RADHAKRISHNAN ROAD, THIRUVANNOOR, CHENNAI,
PIN - 600 001.
(ADDITIONAL RESPONDENTS 3 & 4 ARE THE LEGAL HEIRS
OF DECEASED SEETHA WHO IS ONE OF THE SISTERS OF
THE DECEASED RESPONDENT H.SUBRAMANYA IYER)
*ADDL.R5 SARASWATHY VISWANATH @ SANTHA,
W/O VISWANATH, T.C.-28/2567, S.S.STREET,
KARAMANA, THIRUVANATHAPURAM, PIN 695002.
*ADDL.R6 P.JAYAM,
W/O CHIDAMBARAM, T.C.NO.17/1326(2),
POOJAPPURA, THIRUVANATHAPURAM, PIN 695 012.
*ADDITIONAL RESPONDENTS 2 TO 6, LEGAL HEIRS OF
DECEASED 1ST RESPONDENT ARE IMPLEADED AS PER
ORDER DATED 24.03.2025 IN IA NO.2/2023]
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
20
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 362 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 22.02.2014 IN
LAR NO.396 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,
PUBLIC WORKS DEPARTMENT DIVISION,
THIRUVANANTHAPURAM.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENT/CLAIMANT IN LAR:
BINU S. SARASWATHY
D/O. SARASWATHY AMMA, T.C. 50/672(3), KALADY,
KULATHARA, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695002.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
21
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 2 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 23.03.2017 IN
LAR NO.32 OF 2011 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM.
2 SPECIAL TAHSILDAR(LA)
PWD(SC),THIRUVANANTHAPURAM.
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENTS/CLAIMANTS IN LAR:
1 PADMANABHA IYER(DIED AND LEGAL HEIRS RECORDED)
TC 20/2553,S.S.STREET,KARAMANA.
R1 DIED AND RESPONDENT NO.2,3 AND 4 ARE RECORDED
AS THE LEGAL HEIRS OF THE DECEASED R1 VIDE ORDER
DATED 12/4/19 IN MEMO FILED BY THE G.P. ON
8/4/2019.
2 JANAKI.P
W/O LATE PADMANABHA IYER,TC 20/2553,S.S.STREET,
KARAMANA-695002.
LAA No.27/2017
and connected cases
22
2025:KER:25595
3 RAMAKRISHNAN.P
S/O.LATE PADMANABHAN IYER,TC
20/2553,S.S.STREET,KERAMANA-695002.
4 VENKATTARAMAN.P,
S/O.LATE PADMANAHA IYER,TC 20/2553,
S.S.STREET,KARAMANA-695002.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
23
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 109 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2015 IN
LAR NO.49 OF 2011 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS IN LAR:
1 THE STATE OF KERALA
REP BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM
2 THE EXCECUTIVE ENGINEER,
PWD DIVISION, THIRUVANANTHAPURAM
SRI.T.K.SHAJAHAN - SR.GP
RESPONDENTS/CLAIMANTS IN LAR:
1 SUBRAMANIYAN ASARI,
T.C.21/2058, OTTATHERUVU, KARAMANA-695002.
[DIED AND LEGAL HEIRS IMPLEADED]
*ADDL.R2 G.MUTHUKUMARI
D/O SUBRAMANIYAN ASARI, AGED 60 YEARS,
T.C.24/2020, ERANIEL (JUNCTION), NEYYUR P.O.,
KANYAKUMARI.
*ADDL.R3 S. MURUKAN
S/O SUBRAMANIYAN ASARI,AGED 57 YEARS, T.C.20/2557
(T.C.45/2557-NEW NUMBER), AISWARYA,
S.S.STREET, KARAMA - 695002.
LAA No.27/2017
and connected cases
24
2025:KER:25595
*ADDL.R4 RAJAKUMAR
S/OSUBRAMANIYAN ASARI, AGED 52 YEARS,
T.C.29/1248/2, GAYATHRI, A.R.A.-109,
PALKULANGARA, PETTAHA P.O.-695 038.
*ADDITIONAL RESPONDENTS 2 TO 4, LEGAL HEIRS OF
DECEASED 1ST RESPONDENT,ARE IMPLEADED AS PER
ORDER DATED 24.03.2025 IN IA No.1/2021.
BY ADVS.
A.CHANDRA BABU
AVIJITH A.V
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
25
2025:KER:25595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
LA.APP. NO. 57 OF 2020
AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 IN
LAR NO.598 OF 2010 OF II ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
APPELLANT/1ST CLAIMANT:
UNNIKRISHNAN NAIR,
AGED 69 YEARS
S/O. RAMAN PILLAI, HSRA .B. 24, T.C. 50/874(2),
SARANYA PRABHA KALADY, KARAMANA P.O.
THIRUVANANTHAPURAM.
BY ADVS.
D.SAJEEV
SMT.LIGEY ANTONY
RESPONDENTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
THIRUVANANTHAPURAM 695 043.
2 THE EXECUTIVE ENGINEER,
PWD DIVISION, PUBLIC OFFICER,
THIRUVANANTHAPURAM 695 033.
SRI.T.K.SHAJAHAN - SR.GP
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No.27/2017
and connected cases
26
2025:KER:25595
JUDGMENT
[LA.App. Nos.27/2017, 113/2018, 133/2018, 11/2017, 92/2017, 644/2015,
279/2017, 387/2016, 109/2019, 316/2018, 2/2019, 335/2018, 313/2018,
311/2018, 310/2018, 315/2018, 272/2018, 314/2018, 362/2018, 57/2020
and 360/2018]
Easwaran S., J.
These appeals, except LAA No.57 of 2020, are preferred by the
State aggrieved by the enhancement granted by the Reference Court
in respect of an acquisition relating to the widening of Kalady -
Maruthoorkadavu (Reach-I) and Karamana - Thaliyal (Reach II) Road.
The details of the extent of land, the amount fixed by the Land
Acquisition Officer and the enhancement granted by the Reference
Court are as follows:
Sl. LAA LAR Extent 4(1) Award of Award of Reference No No. No. (in Ares) Notifica- LAO Reference Court tion (per Are) Court relied on (per Are) 1 27/ 401/ 0.23 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR
2 644/ 395/ 1.40 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR
3 387/ 8/ 0.29 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR
4 11/ 50/ 0.03 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR
5 92/ 571/ 1.85 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR
6 279/ 9/ 0.43 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR
7 113/ 420/ 0.46 30.09.2006 Rs.1,35,733/- Rs.12,53,133/- LAR
8 133/ 424/ 0.42 30.09.2006 Rs.1,62,880/- Rs.12,00,000/- LAR
and connected cases
2025:KER:25595
9 272/ 611/ 0.07 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
10 310/ 51/ 0.14 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
11 311/ 6/ 0.47 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
12 313/ 10/ 0.85 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
13 314/ 29/ 0.2 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
14 315/ 33/ 0.2 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
15 316/ 48/ 0.14 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
16 355/ 30/ 0.08 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
17 360/ 36/ 0.93 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
18 362/ 396/ 0.01 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR
19 2/ 32/ 0.08 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR
20 109/ 49/ 0.34 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR
CLAIMANT'S APPEAL
Sl. LAA LAR Extent 4(1) Award of Award of Reference No No. No. (in Ares) Notifica- LAO Reference Court tion (per Are) Court relied on (per Are) 1 57/ 598/ 0.35 30.09.2006 Rs.1,62,880/- Rs.7,41,000/- Exhibit R5 2020 2010 and R5(b) Fair Value statement
2. LAA No.57 of 2020 arises out of the judgment and decree
dated 30.03.2019 in LAR No.598 of 2010 on the files of the II nd
Additional Sub Court, Thiruvananthapuram. The claimant has
preferred the above appeal aggrieved by the fixation of the land value
by the Reference Court.
3. Heard, Sri.T.K.Shajahan - learned Senior Government
and connected cases
2025:KER:25595
Pleader appearing on behalf of the State, Sri.G.P.Shinod - learned
counsel for the claimant in LAA No.27 of 2017, Sri.Ayyappan Sankar -
learned counsel for the claimant in LAA No.644 of 2015,
Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.387
of 2016, Sri.Pirappancode V.S.Sudhir - learned counsel for the
claimant in LAA No.92 of 2017, Sri.A.Chandra Babu - learned counsel
for the claimant in LAA No.279 of 2017, Sri.V.R.Gopu - learned
counsel for the claimant in LAA No.133 of 2018, Sri.Nemom Chandra
Babu - learned counsel for the claimant in LAA No.272 of 2018,
Sri.K.S.Hariharaputhran -learned counsel for the claimant in LAA
No.310 of 2018, Sri.K.Siju - learned counsel for the claimant in LAA
No.311 of 2018, Sri.T.H.Abdul Azeez - learned counsel for the
claimant in LAA No.313 of 2018, Sri.Ayyappan Sankar -learned
counsel for the claimant in LAA No.314 of 2018, Sri.G.P.Shinod -
learned counsel for the claimant in LAA No.315 of 2018,
Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.109
of 2019 and Sri.D.Sajeev - learned counsel for the appellant in LAA
No.57 of 2020.
4. When the matter is taken up for consideration today,
Sri.T.K.Shajahan - learned Senior Government Pleader placed before
was a copy of the judgment dated 14.10.2024 in LAA No.61 of 2017 of
the Coordinate Bench of this Court, which followed the earlier
judgment of this Court in LAA No.145 of 2018, wherein the
and connected cases
2025:KER:25595
Coordinate Bench had refixed the land value to Rs.7,41,000/- per Are
instead of Rs.10 lakhs by relying on the judgment in LAR No.563 of
2010 consequent to the remand order issued by this Court in LAA
No.101 of 2008. We find that the Reference Court in LAR No.598 of
2010, out of which LAA No.57 of 2020 arises, had followed the very
same principle and then fixed the land value at Rs.7,41,000/- per Are.
5. On a consideration of the materials on record and also the
judgment of this Court in LAA No.61 of 2017, we are of the view that
the appeals preferred by the State has to be allowed and the appeal
preferred by the claimant i.e. LAA No.57 of 2020 is liable to be
dismissed.
Accordingly, the appeals preferred by the State are allowed and
appeal preferred by the claimant in LAR No.598 of 2010 is dismissed.
No order as to cost.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE
Sd/-
EASWARAN S. JUDGE ACR
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