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State Of Kerala vs Saraswathy
2025 Latest Caselaw 5403 Ker

Citation : 2025 Latest Caselaw 5403 Ker
Judgement Date : 24 March, 2025

Kerala High Court

State Of Kerala vs Saraswathy on 24 March, 2025

Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
                                                              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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