Kerala High Court
Rajan (Died) vs State Of Kerala on 22 May, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
LA.APP. NO. 81 OF 2023
AGAINST THE ORDER DATED 14.02.2023 IN LAR NO.2 OF
2017 OF SUB COURT, ATTINGAL
APPELLANTS/CLAIMANT No,1 AND
ADDITIONAL CLAIM PETIIONERS 3 TO 9:
1 RAJAN (DIED),
AGED 50,
S/O KUNJAN,
KUZHIVILAYIL KUNNUVILA VEEDU,
EDAVILKATHUMURI,
VEILOOR,
THIRUVANANTHAPURAM
PIN 695302.
2 MALLIKA,
AGED 49, D/O.KUNJAN,
KUNNIL VEEDU,
MAHADEVESWARAM DESOM,
KILIMANOOR P.O.,
PZHAYAKUNNUMMEL VILLAGE,
FROM VANATHIL VEEDU,
MUTHUVILA DESOM,
MUTHUVILA P.O.,
KALLARA VILLAGE,
THIRUVANANTHAPURAM,
PIN-695610.
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LA.APP. No.81 OF 2023
2
3 NIRMALA,
AGED 50,
D/O KUNJAN THOTTARIKATHU VEEDU,
AYATHIL DESOM,
PARANDODU.P.O.,
ARYANADU VILLAGE,
THIRUVANANTHAPURAM,
PIN - 695610
4 VASANTHA,
AGED 59,
D/O KUNJAN,
ARUN VILASOM,
MUTHUVILA DESOM,
MUTHUVILA P.O.,
KALLARA VILLAGE,
THIRUVANANTHAPURAM,
PIN - 695542
5 HALEENA,
AGED 45,
D/O KUNJAN,
VANATHIL VEEDU,
MUTHUVILA.P.O.,
KALLARA VILLAGE,
THIRUVANANTHAPURAM,
PIN-695610.
6 VIMALA,
AGED 52,
W/O SELVARAJ,
VISMAYA,
MUTHUVILA DESOM,
MUTHUVILA.P.O.,
KALLARA VILLAGE,
THIRUVANANTHAPURAM,
PIN-695610
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LA.APP. No.81 OF 2023
3
7 VISMAYA,
AGED 52,
D/O SELVARAJ,
VISMAYA,
MUTHUVILA DESOM,
MUTHUVILA.P.O.,
KALLARA VILLAGE,
THIRUVANANTHAPURAM,
PIN-695610.
8 VIJIL,
AGED 23,
S/O SELVARAJ,
VISMAYA,
MUTHUVILA DESOM,
MUTHUVILA.P.O.,
KALLARA VILLAGE,
THIRUVANANTHAPURAM,
PIN-695610.
BY ADV M.DINESH
RESPONDENTS/RESPONDENTS 1 & 2 AND CLAIMANT NO.2:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE REQUISITIONING AUTHORITY,
C.E.O.,
TECHNOPARK,
THIRUVANANTHAPURAM,
PIN - 695581
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LA.APP. No.81 OF 2023
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3 M. KRISHNANKUTTY,
PADIPPURA VEEDU,
THALAKKONAM,
THONNAKKAL P.O.,
THIRUVANANTHAPURAM,
PIN - 695317
BY ADV K.V.RASHMI
SMT.REKHA C NAIR -SR.GP
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 22.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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LA.APP. No.81 OF 2023
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JUDGMENT
1. The additional claimants 3 to 9 in L.A.R No.2/2017 are the
appellants in this appeal. The reference was under
Section 31(2) of the Land Acquisition Act, 1894. The
additional claimants 3 to 9 are the legal representatives of
the first claimant Rajan.
2. The dispute is between the claimant Nos.1 and 2. It
appears from the impugned order that as per revenue
records, the land was registered in the name of the first
claimant Rajan and the possession was taken from the
second claimant. Before the Reference Court, the
claimant No.2 was examined as PW1 and Ext.A1 which is
the certified copy of the judgment dated 28/02/2017 in
WP(C) No.41270/2016 was marked. The Reference Court
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LA.APP. No.81 OF 2023
answered the reference holding that the compensation
deposited with the court shall be paid to the second
claimant relying on Ext.A1 judgment.
3. I heard the learned counsel for the appellant Sri.M.Dinesh
and the learned Sr. Government Pleader Smt.Rekha C.
Nair and learned standing counsel for the 2nd
respondent/Requisitioning Authority Smt.K.V.Rashmi.
Even though notice was served on the 3rd respondent/2nd
claimant, there is no appearance for the 3rd respondent.
4. The learned counsel for the appellant contended that the
claimant No.2 obtained Ext.A1 judgment without notice to
and behind the back of claimant No.1. Neither the
claimant No.1 nor his legal heirs were impleaded in
WP(C) No.41270/2016 in which Ext.A1 judgment was
passed.
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LA.APP. No.81 OF 2023
5. The learned Government Pleader as well as the learned
Standing Counsel for the 2nd respondent submitted that
they are only formal parties in the appeal as the dispute
is between the appellants and the 3rd respondent as to the
entitlement of the deposited compensation.
6. On perusing Ext.A1 judgment, it is seen that this Court
directed that whatever compensation is payable under the
acquisition proceedings, the same shall be paid to the
petitioner therein namely the claimant No.2,
M.Krishnankutty. It appears that this Court was under the
mistaken impression that the claimant No.2 was the only
person who claimed the compensation. Whatever be the
direction in Ext.A1 judgment, the same is not binding on
the claimant No.1 and additional claimant Nos.3 to 9. The
Reference Court ought to have considered the matter
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ignoring Ext.A1 judgment which was obtained by claimant
No.2 without notice to the rival claimants. It is seen that
the parties did not adduce any convincing evidence
before the Court as to the entitlement of compensation.
7. The learned counsel for the appellant pointed out that the
additional claimants who are impleaded as the legal
representatives of the original claimant could not produce
sufficient evidence on account of the death of the claimant
No.1 as he had been looking after the case. Whatever be
the reasons for non production of evidence, the impugned
judgment is not sustainable since it was passed relying on
Ext.A1 judgment obtained by the 2nd claimant without
notice to and behind the back of claimant No.1 and his
legal heirs.
8. In view of the aforesaid facts, I set aside the order dated
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14/12/2023 passed by the Sub Court, Attingal in L.A.R
No.2/2017 and remand the matter back for fresh
consideration. The parties are directed to appear before
the Reference Court on 27/06/2025. Since the 3rd
respondent/2nd claimant did not appear before this Court,
the Sub Court shall issue notice to the 2nd claimant before
proceeding with the matter.
9. Since the L.A.R. is of the year 2017, the Reference Court
is directed to dispose of the L.A.R. within the time frame
of 6 months from the date of appearance of all parties.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
