Kerala High Court
M.P.Ramachandran Nair vs State Of Kerala on 28 May, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
LA.APP. NO. 67 OF 2016 1 2025:KER:37295
&
C.O.No.62 OF 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 67 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 22.07.2015 IN LAR NO.25
OF 2013 OF THE III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI
CORPORATION, VYTTILA.
BY ADV GOVERNMENT PLEADER SRI.T.K.SHAJAHAN, SR
RESPONDENTS/CLAIMANTS & 2ND RESPONDENT:
1 M.P. RAMACHANDRAN NAIR,
S/O.M.R.PARAMESWARAN PILLAI, CHAITHANYA,KAITHAKKODI
P.O. PIN - 689 614, PATHANAMTHITTA.
2 V.A.MATHUKUTTY, S/O.ABRAHAM CC DOOR NO.30/1161(1) RSAC
ROAD, VYTTILA P.O., PIN - 682 010, ERNAKULAM.
3 MRS.SASIKALA SUBRAMANIAN
W/O.SUBRAMANIAN, CC DOOR NO.31/168A, PUTHEN
MADOM,SAHAKARANA ROAD, POWER HOUSE JUNCTION, VYTTILA
P.OPIN - 682 019 2ND AND 3RD ARE REPRESENTED BY POWEROF
ATTORNEY HOLDER, M.P.RAMACHANDRAN
NAIR,S/O.M.R.PARAMESWARAN PILLAI, CHAITHANYA,
KAITHAKKODIP.O., PIN - 689 614, PATHANAMTHITTA.
4 THE SECRETARY KOCHI CORPORATION SHANMUGHAM ROAD
ERNAKULAM - 682 001.
LA.APP. NO. 67 OF 2016 2 2025:KER:37295
&
C.O.No.62 OF 2016
BY ADVS.
SRI.A.K.ABDUL LATHEEF FOR R1
SRI.SAJI.P.JOSEPH FOR R1
V.P.REJITHA (PUZHAKKALIDOM)
SRI.E.D.GEORGE
K.JANARDHANA SHENOY, SC, FOR R4
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING
ON 28.05.2025, ALONG WITH CO.62/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
LA.APP. NO. 67 OF 2016 3 2025:KER:37295
&
C.O.No.62 OF 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
CO NO. 62 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 22.07.2015 IN LAR NO.25
OF 2013 OF THE III ADDITIONAL SUB COURT, ERNAKULAM
CROSS OBJECTOR/RESPONDENTS 1 TO 3/CLAIMANTS:
1 M.P.RAMACHANDRAN NAIR
S/O. M.R.PARAMESWARAN PILLAI, CHAITHANYA, KAITHAKKODI
P.O., PATHANAMTHITTA-689614.
2 V.A.MATHUKKUTTY
S/O. ABRAHAM, CC DOOR NO. 30/1161(1), RSAC ROAD,
VYTTILA P.O., ERNAKULAM-682019.
3 SASIKALA SUBRAMANIAN
W/O. SUBRAMANIAN, CC DOOR NO. 31/168A,PUTHENMADOM,
SAHAKARANA ROAD, POWER HOUSE JUNCTION, VYTTILA P.O.,
ERNAKULAM-682019, 2ND AND 3RD OBJECTORS ARE REPRESENTED
BY POWER OF ATTORNEY HOLDER,M.P.RAMACHANDRAN NAIR, S/O.
M.R.PARAMESWARAN PILLAI, CHAITHANYA, KAITHAKKODI P.O.,
PATHANAMTHITTA-689614.
BY ADVS.
SRI.SAJI.P.JOSEPH
SRI.K.T.SAJU
SMT.MINI.G
RESPONDENTS/APPELLANT & 4TH RESPONDENT/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI
CORPORATION, VYTTILA, ERNAKULAM-682019.
LA.APP. NO. 67 OF 2016 4 2025:KER:37295
&
C.O.No.62 OF 2016
2 THE SECRETARY
KOCHI CORPORATION, SHANMUGHAM ROAD, ERNAKULAM-682001.
BY ADV GOVERNMENT PLEADER SRI.T.K.SHAJAHAN, SR FOR R1
K.JANARDHANA SHENOY, SC, FOR R2
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR
ADMISSION ON 28.05.2025, ALONG WITH LA.App..67/2016, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
LA.APP. NO. 67 OF 2016 5 2025:KER:37295
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C.O.No.62 OF 2016
JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
This L.A.Appeal and Cross Objection impugn the judgment and decree
dated 22.07.2015 in LAR No.25 of 2013 on the file of the 3 rd additional Sub
Court, Ernakulam.
2. The brief facts necessary for the disposal of this appeal and Cross
Objection are as follows:
An extent of 1.07 Ares of land comprised in Sy.No.557/1-3 of Poonithura
Village in Kanayannur Taluk was acquired for the purpose of construction of
an approach road to the proposed Poonnurunni railway over bridge. The
Section 4(1) notification was published on 15.02.2011. The Land Acquisition
Officer, by placing reliance on document No.115/01 dated 12.01.2011, fixed
the market value of the land at Rs.30,90,295/- per Are by applying a reduction
of 21% to the market value of Rs.39,11,766/- per Are shown in the
aforementioned document. In a reference carried by the claimants before the
Reference Court, the Reference Court found the fixation of market value by
the Land Acquisition Officer to be low, and placed reliance on Ext.A2
document No.2075/2012 dated 29.06.2012 to arrive at a figure of
Rs.48,51,967/- per Are as the market value of the acquired land. As A2
document was a post-notification document the Reference Court applied a
30% deduction to the value shown in Ext.A2 document to arrive at the figure
of Rs.48,51,967/- per Are mentioned above.
LA.APP. NO. 67 OF 2016 6 2025:KER:37295
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C.O.No.62 OF 2016
3. The State's Appeal does not impugn the fixation of enhanced market
value by the Reference Court. The only bone of contention in the State's
Appeal is with regard to the compensation amount ultimately directed to be
paid by the Reference Court. It is pointed out that in the operative portion of
the judgment of the Reference Court, the claimants are shown as entitled to
get additional land value at the rate of 12% p.a on the enhanced land value of
Rs.51,91,605/- for the period from 15.02.2011 to 18.01.2013. The learned
Government Pleader would point out that the enhanced land value of
Rs.51,91,605/- was arrived at by applying the value of Rs.48,51,967/- per Are
to the extent of 1.07 Ares acquired from the claimants. It is contended that
while granting the additional land value at the rate of 12% per annum on the
enhanced land value the court below omitted to reduce from the enhanced
land value, the market value fixed by the Land Acquisition Officer, which had
already been paid to the claimant. If the market value fixed by the Land
Acquisition Officer, and paid to the claimant, is reduced from the enhanced
market value arrived at by the Reference Court, the differential amount would
only be Rs.21,01,310/- per Are and it was only on this amount that the court
below could have granted the additional land value at the rate of 12% per
annum from 15.02.2011 to 18.01.2013.
4. We find force in the said contention of the learned Government
Pleader and we accordingly modify the direction in the impugned judgment of
the Reference Court to read that the claimants are entitled to get the
additional land value at the rate of 12% per annum on the enhanced land
value of Rs.21,01,310/- per Are for the period from 15.02.2011 to 18.01.2013.
LA.APP. NO. 67 OF 2016 7 2025:KER:37295
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C.O.No.62 OF 2016
As regards the Cross Objection preferred by the claimants, where they
seek a further enhancement of the market value of the land acquired, we find
that in LA.Appeal No.372 of 2016, which pertains to acquisitions for the same
purpose of construction of Poonnurunni railway over bridge in Poonithura
Village, this Court after considering the sale exemplars produced in those
appeals, fixed the market value of the acquired land at Rs.20,98,750/- per
cent, which is equivalent to Rs.51,86,011/- per Are. Since we are informed
that no further appeal has been preferred against the said judgment in
LA.App.No.372 of 2016, we feel that the market value arrived at in that case
can be taken as the market value of the acquired land in this LA. Appeal and
Cross Objection as well. Accordingly, we modify the impugned judgment of
the Reference Court to hold that the claimants shall be entitled to the market
value of Rs.51,86,011/- per Are in respect of the property acquired from them.
Needless to say, the cross objectors would also be entitled to the statutory
benefits flowing from the said revised fixation of the market value. Thus the
LA.Appeal and Cross Objection are allowed to the extent indicated above.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
P.M.MANOJ
JUDGE
mns
