Kerala High Court
P.Sreekumaran Nair vs P.K.Sreekantan on 22 October, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
LA.APP.NOs.112 & 160 OF 2019
1 2025:KER:78574
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
LA.APP. NO. 112 OF 2019
AGAINST THE JUDGMENT DATED 14.01.2019 IN LAR NO.23 OF
2007 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
APPELLANTS/CLAIMANTS 2,6,8 & 9 :
1 P.SREEKUMARAN NAIR,
NPP HOUSE NO.1,
PALKULANGARA,
THIRUVANANTHAPURAM- 695024.
2 P.K.MURALEEDHARAN NAIR,
S/O.PANKAJAKSHAN NAIR,
'GAYATHRI',
MANAVA NAGAR,
PALKULANGARA,
THIRUVANANTHAPURAM- 695024.
3 S.SHYLAJA,
W/O.RAVI PRAKASH,
'GAYATHRI',
MANAVA NAGAR,
PALKULANGARA,
THIRUVANANTHAPURAM- 695024.
LA.APP.NOs.112 & 160 OF 2019
2 2025:KER:78574
4 KRISHNANUNNI C.G.,
S/O.CHANDRADATHAN,
GAYATHRI,
MANAVA NAGAR,
PALKULANGARA,
THIRUVANANTHAPURAM- 695024.
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SMT.A.MEGHA
RESPONDENTS/CLAIMANTS 1,4,5 & RESPONDENT :
1 P.K.SREEKANTAN,
ARADHANA,
CHEMPAZHANTHY,
THIRUVANANTHAPURAM- 695587.
2 K.PUSHYALAKSHMY AMMA,
NPP HOUSE NO.4,
PALKULANGARA,
THIRUVANANTHAPURAM- 695024.
3 K.RAJALEKSHMY AMMA,
SARADALAYAM,
PAPPANAMCODE,
THIRUVANANTHAPURAM- 695018.
4 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM- 695043.
BY ADVS.
SRI.V.SURESH
SHRI.R.S.KALKURA
SRI.G.SUDHEER
SHRI.M.S.KALESH
SRI.R.HARIKRISHNAN (H-308)
SRI.HARISH GOPINATH
SMT.R.BINDU
LA.APP.NOs.112 & 160 OF 2019
3 2025:KER:78574
SMT.P.ANJANA
SHRI.R.HARIKRISHNAN (KAMBISSERIL)
SHRI.NIKHIL K GOPINATH
SRI T K SHAJAHAN, SR.GOVERNMENT PLEADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 22.10.2025, ALONG WITH LA.App..160/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
LA.APP.NOs.112 & 160 OF 2019
4 2025:KER:78574
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
LA.APP. NO. 160 OF 2019
AGAINST THE DECREE AND JUDGMENT DATED 14.01.2019 IN LAR
NO.23 OF 2007 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/CLAIMANTS 1 & 4 :
1 P.K.SREEKANTAN,
SON OF LATE N.PARA,MESHWARAMN PILLAI,
NOW RESIDING AT ANUGRAHA,
TC 29/1090 (4),
PADINJARE NADA,
PALKULANGARA DEVI TEMPLE,
PETTAH P.O.,
THIRUVANANTHAPURAM.
2 SMT.PUSHYALKSHMI AMMA,
NPP HOUSE NO.1,
PALKULANGARA,
PETTAH P.O.,
THIRUVANANTHAPURAM
BY ADVS.
SRI.V.SURESH
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
LA.APP.NOs.112 & 160 OF 2019
5 2025:KER:78574
RESPONDENTS/CLAIMANTS 2,5,6,8 & 9 AND RESPONDENT :
1 P.SREEKUMARAN NAIR,
NPP HOUSE NO.1,
PALKULANGARA,
PETTAH P.O.,
THIRUVANANTHAPURAM-695024
2 K.RAJALKSHMI,
SARADALAYAM,
PAPPANAMCODE P.O.,
THIRUVANANTHAPURAM-695018
3 P.MURALEEDHARAN NAIR,
SON OF PANKAJAKSHAN NAIR,
GAYATHIRI MANAVA NAGAR,
PALKULANGARA,
PETTAH P.O.,
THIRUVANANTHAPURAM-695024.
4 S.SHYLAJA ,
WIFE OF RAVI PRAKASH,
GAYATHIRI MANAVA NAGAR,
PALKULANGARA,
PETTAH P.O.,
THIRUVANANTHAPURAM-695024.
5 KRISHNANUNNI C.G.,
SON OF CHANDRADATHAN,
GAYATHIRI MANAVA NAGAR,
PALKULANGARA, PETTAH P.O.,
THIRUVANANTHAPURAM-695024
6 STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-695 043
BY ADV SRI.PIRAPPANCODE V.S.SUDHIR
SRI T K SHAJAHAN, SR.GOVERNMENT PLEADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 22.10.2025, ALONG WITH LA.App..112/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
LA.APP.NOs.112 & 160 OF 2019
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JUDGMENT
A.Muhamed Mustaque, J.
These appeals arise out of a common judgment in a
reference under Section 30 of the Land Acquisition Act, 1894. In
an earlier round of appeal, this Court, in LA.App.No.2423 of 2008,
remanded back the matter with specific directions. It is appropriate
to refer to paragraph 14 of the judgment in LA.App.No.2423 of
2008, which reads as follows:
"14. Be that as it may, there is no evidence to
find how the different plots were identified and
demarcated in Ext.C1(a) plan. Therefore, we find
that without examination of the Advocate
Commissioner who prepared Ext.C1 and C1(a),
that report and plan cannot be simply accepted.
An opportunity has to be given to the respondents
to examine the Advocate Commissioner to prove
Exts.C1 and C1(a). For the limited purpose of
making available the documents, which are
available in LAR 171/94, the said case file is
allowed to be tagged on. But, it is made clear
that, if the parties wanted to rely upon any of the
documents produced in LAR 171/94 (if any
evidence is required regarding proof), then
certainly the parties who want to rely upon those
documents have to adduce evidence to prove
LA.APP.NOs.112 & 160 OF 2019
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those documents. Tagging on is allowed only to
save time and to minimise the burden/expenditure
of the parties in getting certified copies of those
records from the concerned office."
2. The present judgment shows that the Reference Court
did not follow the directions contained in paragraph 14. The issue
pertains to the identity of the plot. Rival claims have been raised
by different claimants seeking compensation. Without proper
identification of the plots claimed by the respective parties, it is not
possible to arrive at a proper conclusion. In view of the fact that
the earlier directions were not followed by the Reference Court, it
is imperative for this Court to set aside the impugned judgment.
3. Accordingly, we set aside the impugned judgment and
direct the Reference Court to follow paragraph 14 of the judgment
in LA.App.No.2423 of 2008. The appeals stand allowed. The court
fee paid on the memorandum of appeal shall be refunded to the
respective parties. The parties shall appear before the Reference
Court on 10.11.2025. Thereafter, the Reference Court shall
dispose of the matter within a further period of four months. We
make it clear that the Reference Court shall strictly follow the
LA.APP.NOs.112 & 160 OF 2019
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directions contained in paragraph 14 of the earlier judgment, and
no other consideration shall be permitted by expanding the scope
of remand.
Accordingly, these Appeals are disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
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