Kerala High Court
P.Gopinadhan Nair vs State Of Kerala on 25 March, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:25291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 25TH DAY OF MARCH 2025/4TH CHAITHRA, 1947
L.A.APP.NO.41 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 23.08.2017 IN
L.A.R.NO.4 OF 2014 OF SUB COURT, PATHANAMTHITTA
APPELLANT/1ST RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA.
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:
1 M.N. RAMACHANDRAN
MALIYECKAL HOUSE, VETTIPPURAM MURI, PATHANAMTHITTA
VILLAGE, KOZHENCHERRY TALUK, PIN-689645.
2 K.SREE KUMAR
VIJAYA BHAVAN, PALLICKAL MURI, PALAMEL VILLAGE,
MAVELIKKARA TALUK, PIN-690503. [DIED]
3 THE SECRETARY
PATHANAMTHITTA MUNICIPALITY
PIN-689645.
ADDL.R4 SAJINI R
W/O.SREEKUMAR K,
VIJAYA BHAVANAM, PALLIKKALMURI, PALAMEL,
MAVELIKKARA TALUK, PIN-690504
ADDL.R5 DEVU S
D/O.SREEKUMAR K, VIJAYA BHAVANAM,
PALLIKALMURI, PALAMEL,
L.A.A.Nos.41, 46 & 47/18
& :: 2 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
MAVELIKKARA TALUK, PIN-690504
ADDL.R6 GOVIND S
S/O.SREEKUMAR K, VIJAYA BHAVANAM,
PALLIKALMURI, PALAMEL,
MAVELIKKARA TALUK, PIN-690504
[THE LEGAL HEIRS OF DECEASED R2 ARE IMPLEADED AS ADDL.
RESPONDENTS 4 TO 6 AS PER ORDER DATED 11.08.2023 IN
I.A.NO.2 OF 2023 IN L.A.A.NO.41 OF 2018]
BY ADV.SRI.P.VIJAYAKUMAR
BY ADV.SRI.C.R.REGHUNATHAN
BY ADV.SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA
MUNICIPALITY
BY ADV.SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 25.03.2025 ALONG WITH L.A.A.NOS.46 & 47 OF 2018 &
C.O.NOS.37, 38 & 61 OF 2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
L.A.A.Nos.41, 46 & 47/18
& :: 3 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 25TH DAY OF MARCH 2025/4TH CHAITHRA, 1947
L.A.APP.NO.46 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 23.08.2017 IN
L.A.R.NO.6 OF 2014 OF SUB COURT, PATHANAMTHITTA
APPELLANT/1ST RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA.
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:
1 P. GOPINATHAN NAIR
GAYATHRI, THIRUVAMPADI P.O, ALAPPUZHA - 688002.
2 P. RADHAKRISHNAN
34/820, SARASWATHY NIVAS, BEEN-ANJUMANA ROAD,
EDAPPALLY P.O, KOCHI - 682024.
3 G. SANTHAKUMARI AMMA
HILL VIEW, MUDAVANAMUKAL, POOJAPPURA,
THIRUVANANTHAPURAM - 695012.
4 K. SREE KUMAR
VIJAYA BHAVANAM, PALLICKAL MURI, PALAMEL VILLAGE,
L.A.A.Nos.41, 46 & 47/18
& :: 4 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
MAVELIKKARA TALUK - 690101.
5 THE SECRETARY
PATHANAMTHITTA MUNICIPALITY - 689 645.
BY ADV.SRI.P.VIJAYAKUMAR
BY ADV.SRI.C.R.REGHUNATHAN
BY ADV.SRI.B.HARRYLAL
BY ADV.SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA
MUNICIPALITY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 25.03.2025 ALONG WITH L.A.A.NOS.41 & 47 OF 2018 &
C.O.NOS.37, 38 & 61 OF 2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
L.A.A.Nos.41, 46 & 47/18
& :: 5 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 25TH DAY OF MARCH 2025/4TH CHAITHRA, 1947
L.A.APP.NO.47 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 23.08.2017 IN
L.A.R.NO.5 OF 2014 OF SUB COURT, PATHANAMTHITTA
APPELLANT/1ST RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
PATHANAMTHITTA-689 645.
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:
1 K.SREEKUMAR
VIJAYA BHAVAN, PALLICKAL MURI, PALAMEL VILLAGE,
MAVELIKKARA, PIN-690504.
2 THE SECRETARY
PATHANAMTHITTA MUNICIPALITY-689645.
BY ADV.SRI.P.VIJAYAKUMAR
BY ADV.SRI.C.R.REGHUNATHAN
BY ADV.SRI.B.HARRYLAL
BY ADV.SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA
MUNICIPALITY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 25.03.2025 ALONG WITH L.A.A.NOS.41 & 46 OF 2018 &
C.O.NOS.37, 38 & 61 OF 2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
L.A.A.Nos.41, 46 & 47/18
& :: 6 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 25TH DAY OF MARCH 2025/4TH CHAITHRA, 1947
C.O.NO.37 OF 2019 IN L.A.APP.NO.41 OF 2018
CROSS OBJECTION IN L.A.APP.NO.41 OF 2018 AGAINST THE AWARD DATED
23.08.2017 IN L.A.R.NO.4 OF 2014 OF SUB COURT, PATHANAMTHITTA
CROSS APPELLANTS/RESPONDENTS 1 & 2/CLAIMANTS:
1 M.N.RAMACHANDRAN
AGED 71 YEARS
MALIYECKAL HOUSE, VETTIPPURAM MURI,
PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK-689 645.
2 K. SREEKUMAR
VIJAYA BHAVAN, PALLICKAL MURI, PALAMEL VILLAGE,
MAVELIKKARA TALUK-690 503.
BY ADV.SRI.P.VIJAYAKUMAR
BY ADV.SRI.C.R.REGHUNATHAN
BY ADV.SRI.B.HARRYLAL
RESPONDENTS/APPELLANT & 3RD RESPONDENT/RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
PATHANAMTHITTA-689 645.
2 THE SECRETARY
PATHANAMTHITTA MUNICIPALITY-689 645.
L.A.A.Nos.41, 46 & 47/18
& :: 7 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
BY SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA
MUNICIPALITY
THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON
25.03.2025 ALONG WITH L.A.A.NOS.41, 46 & 47 OF 2018 &
C.O.NOS.38 & 61 OF 2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
L.A.A.Nos.41, 46 & 47/18
& :: 8 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 25TH DAY OF MARCH 2025/4TH CHAITHRA, 1947
C.O.NO.38 OF 2019 IN L.A.APP.NO.46 OF 2018
CROSS OBJECTION IN L.A.APP.NO.46 OF 2018 AGAINST THE AWARD DATED
23.08.2017 IN L.A.R.NO.6 OF 2014 OF SUB COURT, PATHANAMTHITTA
CROSS APPELLANTS/RESPONDENTS/CLAIMANTS:
1 P. GOPINADHAN NAIR
AGED 53 YEARS
GAYATHRI, THIRUVAMPADI P.O.,
ALAPPUZHA.
2 P. RADHAKRISHNAN
AGED 50 YEARS,
34/820, SARASWATHY NIVAS,
BEENA-ANJUMANA ROAD, EDAPALLY P.O.,
KOCHI.
3 G. SANTHAKUMARI AMMA
AGED 48 YEARS,
POOJAPURA, THIRUVANANTHAPURAM.
4 K. SREEKUMAR
AGED 54 YEARS,
VIJAYA BHAVAN, PALLICKAL MURI,
PALAMEL VILLAGE, MAVELIKKARA TALUK - 690503.
BY ADV.SRI.P.VIJAYAKUMAR
BY ADV.SRI.C.R.REGHUNATHAN
BY ADV.SRI.B.HARRYLAL
L.A.A.Nos.41, 46 & 47/18
& :: 9 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
RESPONDENTS/APPELLANT & 5TH RESPONDENT/RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
PATHANAMTHITTA - 689 645.
2 THE SECRETARY
PATHANAMTHITTA MUNICIPALITY - 689 645.
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
BY SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA
MUNICIPALITY
THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON
25.03.2025 ALONG WITH L.A.A.NOS.41, 46 & 47 OF 2018 &
C.O.NOS.37 & 61 OF 2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
L.A.A.Nos.41, 46 & 47/18
& :: 10 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 25TH DAY OF MARCH 2025/4TH CHAITHRA, 1947
C.O.NO.61 OF 2019 IN L.A.APP.NO.47 OF 2018
CROSS OBJECTION IN L.A.APP.NO.47 OF 2018 AGAINST THE AWARD DATED
23.08.2017 IN L.A.R.NO.5 OF 2014 OF SUB COURT, PATHANAMTHITTA
ROSS APPELLANT/1ST RESPONDENT/CLAIMANTS:
1 K. SREEKUMAR
AGED 54 YEARS,
VIJAYA BHAVAN, PALLICKAL MURI,
PALAMEL VILLAGE, MAVELIKKARA TALUK - 690503.
BY ADV.SRI.P.VIJAYAKUMAR
BY ADV.SRI.C.R.REGHUNATHAN
BY ADV.SRI.B.HARRYLAL
RESPONDENTS/APPELLANT & 2ND RESPONDENT/RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
PATHANAMTHITTA - 689 645.
2 THE SECRETARY
PATHANAMTHITTA MUNICIPALITY - 689 645.
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
BY SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA
MUNICIPALITY
THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON
25.03.2025 ALONG WITH L.A.APP.NOS.41, 46 & 47 OF 2018 &
C.O.NOS.37 & 38 OF 2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
L.A.A.Nos.41, 46 & 47/18
& :: 11 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
JUDGMENT
Easwaran S., J.
The Land Acquisition Appeals and Cross Objections are preferred
against the judgment of the Sub Court, Pathanamthitta in L.A.R.Nos.4,
5 and 6 of 2014.
2. The brief facts necessary for disposal of the Land Acquisition
Appeals and Cross Objections are as follows:
A total extent of 13.8 Ares comprising in different survey
numbers was acquired for the purpose of establishing Edathavalams for
Sabarimala pilgrims. The Notification under Section 4(1) of the Land
Acquisition Act [hereinafter referred to as the "Act"] was issued on
09.08.2011. The award was passed on 15.01.2014. The Land
Acquisition Officer fixed the land value at Rs.1,69,427/- per Are.
Aggrieved by the land value fixed by the Land Acquisition Officer, all
the claimants sought reference under Section 18 of the Act. The
claimants relied on Ext.A1 [Document No.2971/2009 dated 23.12.2009]
for claiming enhancement. The State produced Exts.R1 to R16
documents. The claimants also sought for appointment of an Advocate
Commission for local inspection, who inspected the property and
L.A.A.Nos.41, 46 & 47/18
& :: 12 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
submitted Ext.C1 report. AW1 to AW3 were examined on behalf of the
claimants, whereas RW1 was examined on behalf of the State. On
appreciation of evidence, the Reference Court took Ext.A1 as an
exemplar and fixed Rs.9,88,000/- per Are as the land value and granted
the consequential statutory benefits also. In these appeals, the State
contends that the land value fixed by the Reference Court is on a higher
side, especially since Ext.A1 pertains to land in a commercially
important area, whereas the land acquired is 2 kms. away from the land
covered by Ext.A1.
3. The claimants, on the other hand, had preferred Cross
Objections pointing out that, going by the report of the Advocate
Commissioner, the land acquired is in a fast developing area, and they
are entitled to get an amount of Rs.15 lakhs as the land value.
However, for the purpose of Cross Objections, they have limited their
claim up to Rs.12 lakhs.
4. Heard Sri.T.K.Shajahan, the learned senior Government
Pleader appearing for the State as also Sri.Reghunathan C.R., the
learned counsel appearing for the claimants in the Cross Objections.
5. On a consideration of the rival submissions made across the
bar, we are of the view that the State is entitled to succeed in these
L.A.A.Nos.41, 46 & 47/18
& :: 13 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
appeals. We note that the claimants had not produced any exemplars
other than Ext.A1. In the absence of any evidence to show that the land
acquired and the land covered by Ext.A1 are similar in nature, the
Reference Court could not have granted the land value at Rs.9,88,000/-
per Are. Pertinently, apart from Ext.A1, the only other evidence relied
upon by the claimants is the report of the Advocate Commissioner.
Even if we were to assume that the report of the Advocate
Commissioner is a valuable piece of evidence insofar as the nature of
the property is concerned, we cannot remain oblivious of the fact that
the Advocate Commissioner visited the property only on 24.11.2016,
that is five years after the Notification that was issued under Section
4(1) of the Act. The period of five years is considerably a long period
and it is impossible for the Advocate Commissioner to have noted the
exact nature of the property as on the date of Section 4(1) Notification.
It is quite possible that substantial developments would have taken
place within 5 years. We are of the considered view that the
developments that took place between the date of Notification and the
date of inspection cannot form the basis of the determination of the
land value as on the date of Section 4(1) Notification.
6. Therefore, even if the claimants have proved that the property
in Ext.A1 and the land acquired are situated within the same radius,
still the Reference Court could not have granted the escalation of price
L.A.A.Nos.41, 46 & 47/18
& :: 14 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
from 23.12.2009 to 09.08.2011 for the reason that there is total lack of
evidence to show that the property covered by Ext A1 and the land
acquired are similar in nature. However, having said so, we find that
from the evidence adduced, the property covered by Ext.R16, which is
the basic land and the land acquired does not have any similarity.
Therefore it is clear that extraneous consideration passed into the
minds of the Land Acquisition Officer while fixing the land value.
Hence we are constrained to determine the market value based on the
only exemplar, i.e, Ext.A1. Even if Ext.A1 is taken as an exemplar,
considering the difference in the nature of land between Ext.A1 and the
land acquired, we are not inclined to apply the escalation for the period
of one year eight months between the date of Ext.A1 and the date of
Section 4(1) Notification. So, by adopting the principle of
guesstimation, we are forced to rework the compensation to be granted
to the claimants. Inevitably, the judgment of the Reference Court
requires interference and requires it to be modified, and accordingly,
we refix the market value of the land by taking away the escalation of
price and refix the value of land at Rs.8,53,948/-, which is value shown
in Ext.A1.
In the result, we allow the appeals preferred by the State and
reduce the land value fixed by the Reference Court from Rs.9,88,000/-
to Rs.8,53,948/- per Are. The Cross objections are thus dismissed. The
L.A.A.Nos.41, 46 & 47/18
& :: 15 ::
C.O.Nos.37, 38 & 61/19
2025:KER:25291
statutory benefits due to the claimants shall be reworked in accordance
with the land value of Rs.8,53,948/-, which is fixed in these appeals.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
EASWARAN S.
JUDGE
prp/26/03/25
