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Kerala High Court
State Of Keralarepresented By The ... vs Vijayan on 9 January, 2026
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
LA.APP. NO. 23 OF 2024
AGAINST THE JUDGMENT DATED 30.07.2022 IN LAR NO.13 OF
2014 OF SUB COURT, THODUPUZHA
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
IDUKKI, PIN - 685603.
2 THE EXECUTIVE ENGINEER
PWD(ROADS)DIVISION,PAINAVU P.O.,
IDUKKI, PIN - 685603.
BY SR.GOVERNMENT PLEADER -SMT.REKHA.C.NAIR
RESPONDENTS/CLAIMANTS:
1 VINU JAMES * (R1 DIED)
S/O JAMES,
PLACHERIKKUNNU,
PUTHEN PURAYIL, VELLAMATTATHIL, ARIKKUZHA P.O.,
PIN 685608.
2 SUNU JAMES,
S/O JAMES,
PLACHERIKKUNNU,
PUTHEN PURAYIL VELLAMATTATHIL,
ARIKUZHA, PIN - 685608.
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
2
3 SIMI VINU,
W/O LATE VINU JAMES,
PLACHERIKUNNU, PUTHENPURAYIL,
ARIKUZHA, PIN - 685608.
4 ROHITH VINU
AGED 8 YEARS
S/O LATE VINU JAMES PLACHERIKUNNU,
PUTHENPURAYIL, ARIKUZHA, PIN - 685608.
MINOR -REPRESENTED BY MOTHER SIMI VINU)
5 ROSH VINU
AGED 6 YEARS
D/O LATE VINU JAMES PLACHERIKUNNU, PUTHENPURAYIL,
ARIKUZHA, PIN - 685608.
(MINOR-REPRESENTED BY MOTHER SIMI VINU)
* (IT IS RECORDED THAT R1 DIED AND RESPONDENT
Nos.3 to 5 ARE THE LEGAL REPRESENTATIVES OF
DECEASED R1 AS PER ORDER DTD.20.6.2024 IN MEMO
DTD.1.6.2024 IN LAA.23/2024).
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.PRATAP ABRAHAM VARGHESE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
LA.APP. NO. 26 OF 2024
AGAINST THE JUDGMENT DATED 30.07.2022 IN LAR NO.39 OF
2014 OF SUB COURT, THODUPUZHA
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
IDUKKI, PIN - 685603.
2 THE EXECUTIVE ENGINEER,
PWD (ROADS) DIVISION,
PAINAVU P.O.,
IDUKKI, PIN - 685603.
BY SR.GOVERNMENT PLEADER -SMT.REKHA.C.NAIR
RESPONDENTS/CLAIMANTS:
1 THRESSIAKUTTY,
W/O THOMAS,
THEKKEYIL, ARIKKUZHA, PIN - 685608.
2 NIMMY THOMAS,
D/O THOMAS,
THEKKEYIL, ARIKKUZHA, PIN - 685608.
3 NIDIN THOMAS,
S/O THOMAS,
THEKKEYIL, ARIKKUZHA, PIN - 685608.
BY ADVS.SRI.P.RAMAKRISHNAN
SRI.PRATAP ABRAHAM VARGHESE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
LA.APP. NO. 30 OF 2024
AGAINST THE JUDGMENT DATED 29.08.2022 IN LAR NO.101
OF 2014 OF SUB COURT, THODUPUZHA
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI
THE DISTRICT COLLECTOR, IDUKKI, PIN - 685603.
2 THE EXECUTIVE ENGINEER
PWD (ROADS DIVISION), PAINAVU P.O,
IDUKKI, PIN - 685603.
BY SR.GOVERNMENT PLEADER -SMT.REKHA.C.NAIR
RESPONDENT/CLAIMANT:
MOLLY
D/O VARGHESE, AMBATTU, AMAYAPRA,
UDUMBANNOOR,
(PRESENT ADDRESS - MOLLY VARGHESE
AMBATTUKATTIL HOUSE, ACHANKAVALA,
MADAKKATHANAM), PIN - 686670.
BY ADVS.SRI.P.RAMAKRISHNAN
SRI.PRATAP ABRAHAM VARGHESE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
LA.APP. NO. 158 OF 2025
AGAINST THE JUDGMENT DATED 30.03.2024 IN LAR NO.95 OF
2014 OF SUB COURT, THODUPUZHA
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, PAINAVU,
KUYILIMALA PO , IDUKKI, PIN - 685603.
2 THE EXICUTIVE ENGINEER
PWD(ROADS) DIVISION, PAINAVU , IDUKKI, PIN - 685603.
BY SR.GOVERNMENT PLEADER -SMT.REKHA.C.NAIR
RESPONDENTS/CLAIMANTS:
1 BIJU
S/O JOSEPH, PALAMATTATHIL HOUSE, ARIKUZHA KARA,
MANAKKAD VILLAGE, THODUPUZHA, PIN - 685608.
2 THE BRANCH MANAGER
CANARA BANK, THODUPUZHA, PIN - 685608.
BY ADVS.SRI.N.RAJESH
SRI.S.SATHYAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
LA.APP. NO. 232 OF 2025
AGAINST THE JUDGMENT DATED 24.05.2025 IN LAR NO.2 OF 2014
OF SUB COURT, THODUPUZHA
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
IDUKKI, PAINAVU.P.O, KUYILIMALA, PIN - 685603.
2 THE EXECUTIVE ENGINEER
PWD(ROADS) DIVISION, PAINAVU.P.O,
IDUKKI, PIN - 685603.
BY SR.GOVERNMENT PLEADER -SMT.REKHA.C.NAIR
RESPONDENTS/CLAIMANTS:
1 VIJAYAN
S/O DAMODHARAN,
ALACKAL HOUSE, ARIKUZHA KARA,
MANAKKAD VILLAGE, THODUPUZHA, PIN - 685608.
2 CHANDRAVATHI
W/O VIJAYAN, ALACKAL HOUSE,
ARIKUZHA KARA, MANAKKAD VILLAGE,
THODUPUZHA, PIN - 685608.
OTHER PRESENT:
ADV PRINCE J PANANAL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
7
S.MANU, J.
--------------------------------------------------
L.A.A.Nos.23, 26, 30 of 2024
&
L.A.A.Nos.158 & 232 of 2025
-------------------------------------------------
Dated this the 9th day of January, 2026
JUDGMENT
The main issue raised by the State in these appeals
regarding granting of cumulative escalation at the rate of
15% for a period of 11 years has already been decided by
this Court by judgment dated 17.12.2025 in
L.A.A.No.24/2024 and connected cases. This Court held
that maximum escalation liable to be granted is only for a
period of 10 years. It was also found that the escalation
was liable to be reduced as 10% cumulatively. Thus,
L.A.A.No.24/2024 and connected appeals were partly
allowed by setting aside the escalation granted by the
2026:KER:1580
L.A.A.Nos.23, 26, 30 of 2024
& L.A.A.Nos.158 & 232 of 2025
reference court and re-fixing it at the rate of 10%
cumulatively for a period of 10 years.
2. Following the common judgment in
L.A.A.No.24/2024 and connected cases these appeals are
also partly allowed. The escalation granted by the reference
court is set aside. The escalation is re-determined at the
rate of 10% cumulatively for a period of ten years from
19.08.2000 in L.A.A.Nos.23 of 2024, 26 of 2024, and 30 of
2024, and from 18.08.2000 in L.A.A.No.158 of 2025 and
from 18.08.2001 in L.A.A.No.232 of 2025. In all other
respects, the impugned judgments are upheld.
The appeals are disposed of accordingly.
Sd/-
S.MANU
JUDGE
skj
