Kerala High Court

STATE OF KERALA v. SATYA VAGHEESWARAN

Court: Kerala High Court
Case number: LA.App./272/2018
Date of judgment: 24 March 2025
Petitioner / Appellant: STATE OF KERALA
Respondent: SATYA VAGHEESWARAN
CNR: KLHC010766222018

The PDF is the copy from the Indian High Court Judgments open dataset (CC-BY-4.0). The dataset compresses files to save space, so it may differ from the court's own file. It is not a certified copy. The text below is extracted automatically and may contain errors; the PDF is the authoritative version.

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 27 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 19.12.2015 IN LAR NO.401 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS:

1 STATE OF KERALA

REP. BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM

2 THE EXECUTIVE ENGINEER

PWD DIVISION, THIRUVANANTHAPRUAM

SRI. T.K SHAJAHAN, SR GP

RESPONDENT/ CLAIMANT :

R.HARIKUMAR

T.C. 50/665 (1), KALADY, KARAMANA P.O

THIRUVANANTHAPURAM- 695 002

BY ADVS.

SRI.G.P.SHINOD

SRI.GOVIND PADMANAABHAN

SHRI.AJIT G ANJARLEKAR

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..113/2018, 133/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 644 OF 2015 AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.395 OF 2010 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM 695 005.

2 THE EXECUTVE ENGINEER

PWD DIVSION, THIRUVANANTHAPURAM 695 005.

SRI. T.K SHAJAHAN, SR GP

RESPONDENT/ CLAIMANT IN LAR :

SUKUMARA PILLAI R.

ROHINI MANDHIRAM, ANUGRAHA, V.G.R.A - 26, VATTAVILA, NEAR G.H.S., ATTINGAL PO, 695 101.

BY ADVS.

SRI.AYYAPPAN SANKAR

SRI.JAYAN JOHN

SMT.S.HRIDYA

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 387 OF 2016 AGAINST THE JUDGMENT AND DECREE DATED 25.11.2015 IN LAR NO.8 OF 2011 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION,THIRUVANANTHAPURAM.

SRI. T.K SHAJAHAN, SR GP

RESPONDENT/CLAIMANT IN LAR:

PADMANABHA IYER

T.C 20/2569,MELARANNUR MURI,KARAMANA, 695 002.

BY ADV SRI.A.CHANDRA BABU

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 11 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 2 1.11.2015 IN LAR NO. 50 OF 201 1 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 THE STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION, THIRUVANANTHAPURAM.

SRI. T.K SHAJAHAN, SR GP

RESPONDENT/CLAIMANT IN LAR:

SOUMYA THANKAM

D/O.THANKAM, SUNDARESAN, T.C.20/2545, S.S.STREET, KARAMANA, THIRUVANANTHAPURAM, PIN-695002.

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 92 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 04.07.2016 IN LAR NO.571 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION, THIRUVANANTHAPURAM.

SRI. T.K SHAJAHAN, SR GP

RESPONDENT S / CLAIMANTS IN LAR :

1 NIDISH LAL. V

MOHANVILLA, KALADY, KARAMANA,

THIRUVANANTHAPURAM-695002.

2 DEEPA R.THAMPI

KALADY, KARAMANA, THIRUVANANTHAPURAM-695002.

BY ADV SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 & R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 279 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.9 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 THE STATE OF KERALA

REPRSENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION, THIRUVANANTHAPURAM.

SRI. T.K SHAJAHAN, SR GP

RESPONDENT/CLAIMANT IN LAR:

K.CHANDRAN

PRASANTHAM, D.B. STREET, KARAMANA - 695 002.

BY ADV SRI.A.CHANDRA BABU

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 113 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 16.02.2017 IN LAR NO.420 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PUBLIC WORKS DEPARTMENT DIVISION,

THIRUVANANTHAPURAM.

SRI. T.K SHAJAHAN, SR GP

RESPONDENTS/CLAIMANT IN LAR:

1 P. RAJU [DIED]

T.C 50/500, VAISAKH, KALADY,

THIRUVANANTHAPURAM - 695 002.

*ADDL.R2 VALSALA S,

W/O P.RAJU, T.C.50/500(1), VADAKKEVILAKATHU VEEDU, KALADY, KARAMANA P.O., THIRUVANANTHAPURAM – 695 002.

*ADDL.R3 RAJITHA R.V., D/O P.RAJU, NANDANAM, T.C50/22(3), KALADY WEST,THIRUVANANTHAPURAM - 695 002.

LAA No.27/2017

and connected cases

2025:KER:25595

*ADDL.R4 SHIJI V.R.,

D/O P.RAJU, SREEVAISAKH, T.C.50/500,

MARUTHOORKKADAVU, KALADY, T

HIRUVANANTHAPURAM - 695 002.

*ADDITIONAL RESPONDENTS 2 TO 3 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 01.11.2022 IN IA NO.3/2019 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 133 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.10.2014 IN LAR NO.424 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA,

REPRESENTED BY DISTRICT COLLECTOR,

THIRUVANANTHAPURAM

2 THE EXECUTIVE ENGINEER

PUBLIC WORKS DEPARTMENT DIVISION,

THIRUVANANTHAPURAM.

SRI. T.K SHAJAHAN, SR GP

RESPONDENT/ CLAIMANT IN LAR :

J.GOPAKUMAR

S/O.JANARDHANAN NAIR, KUNJU VEEDU,

KALADY DESOM, MANACAUD-695 009.

BY ADVS.

SRI.V.R.GOPU

SRI.J.NARAYANA PILLAI

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 272 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 30.07.2014 IN LAR NO.611 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM

2 THE EXECUTIVE ENGINEER,

PWD ROADS DIVISION, THIRUVANANTHAPURAM

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/ CLAIMANT IN LAR :

SATYA VAGHEESWARAN

S/O. SANKARA NARAYANA IYER, T.C.50/822(8)

KALADY, MANACAUD, THIRUVANANTHAPURAM - 695 009 BY ADV NEMOM CHANDRA BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 310 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 08.10.2015 IN LAR NO.51 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA,

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION,THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/ CLAIMANT IN LAR :

SARASWATHY,

T.C. NO. 20/2455, MELARANOOR,

KARAMANA - 695 002.

BY ADVS.

SRI.K.S.HARIHARAPUTHRAN

SMT.BHANU THILAK

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 311 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 26.03.2015 IN LAR NO.6 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM

2 THE EXECUTIVE ENGINEER,

PUBLIC WORKS DEPARTMENT DIVISION,

THIRUVANANTHAPURAM

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/ CLAIMANT IN LAR :

1 N. LEKSHMANAN [DIED]

T.C. 20/2528, THALIYAL ROAD, KARAMANA, 695 002 *ADDL.R2 SANDHYA MAHESH, T.C.20/2525, MIDHUNAM, KNRA-43, THALIYAL ROAD, KARAMANA P.O., PIN 695002, THIRUVANANTHAPURAM *ADDL.R2 IS IMPLEADED AS THE LEGAL HEIR OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 01.11.2022 IN IA NO.1/2019 BY ADVS.

SIJU KAMALASANAN

ANJANA KANNATH(K/939/2014)

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 313 OF 2018 AGAINST THE JUDGMENT AND ORDER DATED 25.10.2014 IN LAR NO.10 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION,THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/ CLAIMANT IN LAR :

INDIRA

D/O PONNAMMA, T.C.20/903, THUMPUVILAKATHU VEEDU, NIRAMANKARA, THIRUVANANTHAPURAM- 695 001 BY ADVS.

SRI.T.H.ABDUL AZEEZ

SRI.K.P.MAJEED

SRI.MOHAMMED SADIQUE.T.A

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 314 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 24.11.2015 IN LAR NO.29 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANT/RESPONDENT IN LAR:

STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/CLAIMANT IN LAR:

PREMA RANI

TC. 20/3098, KEEZHARNOOR MURI, KARAMANA

BY ADVS.

SRI.AYYAPPAN SANKAR

SRI.JAYAN JOHN

SMT.S.HRIDYA

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 315 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.11.2014 IN LAR NO.33 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA,

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER,

PWD DIVISION, THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/ CLAIMANT IN LAR :

D. SUBRAMONIAN

S/O. DEVANAYAGAM, SHREYAS, T.C.20/2560,

S.S.STREET, KARAMANA, THIRUVANANTHAPURAM - 695002 BY ADVS.

SRI.G.P.SHINOD

SRI.GOVIND PADMANAABHAN

SHRI.AJIT G ANJARLEKAR

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 316 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.11.2014 IN LAR NO.48 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA,

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER,

PWD DIVISION, THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/CLAIMANT IN LAR:

SUBRAHMANIA IYER,

S/O.VENKU IYER, T.C.20/2563, S.S.STREET,

KARAMANA, THIRUVANANTHAPURAM.

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 335 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.30 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANT/RESPONDENT IN LAR:

STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/CLAIMANT IN LAR:

K. JANARDHANAN IYER

S/O.KRISHNA MOORTHY, T.C.20/2543(1), SHANKARA SUBBAYYER STREET, KARAMANA, THIRUVANANTHAPURAM - 695 002.

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 360 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 13.10.2015 IN LAR NO.36 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA,

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER

PWD DIVISION, THIRUVANANTHAPURAM

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/ CLAIMANT IN LAR :

1 SUBHRAMANYA IYER,

T.C.NO.20/2567, S.S.TREAT, KARAMANA

[DIED AND LEGAL HEIRS IMPLEADED]

*ADDL.R2

ADDITIONAL RESPONDENTS 2 TO 7

LEKSHMI,

W/O . RAMAYYAR,C-62, 6TH FLOOR, SUCEYS

COMPLEX,TROMBAY, MAHARASHTRA, PIN 400 088.

LAA No.27/2017

and connected cases

2025:KER:25595

*ADDL.R3 K.R.CHANDRASEKHAR @SHEKHAR,

S/O SEETHA, ASSET ENCLAVE, 23E, BOREWELL ROAD, RAMAGUNDAM LANE, WHITEFIELD, KARNATAKA, PIN – 560066.

*ADDL.R4 RAJAGOPAL @RAJU,

S/O SEETHA, VRINDAVAN APARTMENT G2/32,

DR.RADHAKRISHNAN ROAD, THIRUVANNOOR, CHENNAI, PIN – 600 001.

(ADDITIONAL RESPONDENTS 3 & 4 ARE THE LEGAL HEIRS OF DECEASED SEETHA WHO IS ONE OF THE SISTERS OF THE DECEASED RESPONDENT H.SUBRAMANYA IYER)

*ADDL.R5 SARASWATHY VISWANATH @ SANTHA,

W/O VISWANATH, T.C.-28/2567, S.S.STREET,

KARAMANA, THIRUVANATHAPURAM, PIN 695002.

*ADDL.R6 KRISHNAMMAL, W/O VENKITTARAMAN,

TC 28/2567, SS STREET, S.S.R.A.-37,

KARAMANA,THIRUVANANTHAPURAM, PIN 695002.

*ADDL.R7 P.JAYAM,

W/O CHIDAMBARAM, T.C.NO.17/1326(2),

POOJAPPURA, THIRUVANATHAPURAM, PIN 695 012.

*ADDITIONAL RESPONDENTS 2 TO 7 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED 1ST RESPONDENT VIDE ORDER DATED 24.03.2025 IN IA NO.1/2023] THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 362 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 22.02.2014 IN LAR NO.396 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 THE EXECUTIVE ENGINEER,

PUBLIC WORKS DEPARTMENT DIVISION,

THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENT/CLAIMANT IN LAR:

BINU S. SARASWATHY

D/O. SARASWATHY AMMA, T.C. 50/672(3), KALADY, KULATHARA, KARAMANA P.O., THIRUVANANTHAPURAM - 695002.

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 2 OF 2019 AGAINST THE JUDGMENT AND DECREE DATED 23.03.2017 IN LAR NO.32 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/APPELLANTS/RESPONDENTS IN LAR:

1 STATE OF KERALA

REPRESENTED BY THE DISTRICT COLLECTOR,

THIRUVANANTHAPURAM.

2 SPECIAL TAHSILDAR(LA)

PWD(SC),THIRUVANANTHAPURAM.

SRI.T.K.SHAJAHAN – SR.GP

RESPONDENTS/RESPONDENTS/CLAIMANTS IN LAR:

1 PADMANABHA IYER(DIED AND LEGAL HEIRS RECORDED)

TC 20/2553,S.S.STREET,KARAMANA.

R1 DIED AND RESPONDENT NO.2,3 AND 4 ARE RECORDED AS THE LEGAL HEIRS OF THE DECEASED R1 VIDE ORDER DATED 12/4/19 IN MEMO FILED BY THE G.P. ON 8/4/2019.

2 JANAKI.P

W/O LATE PADMANABHA IYER,TC 20/2553,S.S.STREET, KARAMANA-695002.

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3 RAMAKRISHNAN.P

S/O.LATE PADMANABHA IYER,TC

20/2553,S.S.STREET,KARAMANA-695002.

4 VENKATTARAMAN.P,

S/O.LATE PADMANABHA IYER,TC 20/2553,

S.S.STREET,KARAMANA-695002.

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

2025:KER:25595

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 109 OF 2019 AGAINST THE JUDGMENT AND DECREE DATED 28.02.2015 IN LAR NO.49 OF 2011 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR:

1 THE STATE OF KERALA

REP BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2 THE EXCECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM SRI.T.K.SHAJAHAN – SR.GP RESPONDENT S / CLAIMANTS IN LAR :

1 SUBRAMANIYAN ASARI,*

T.C.21/2058, OTTATHERUVU, KARAMANA-695002.

[DIED AND LEGAL HEIRS IMPLEADED]

*ADDL.R1

ADDITIONAL RESPONDENTS 1 TO 3

G.MUTHUKUMARI

D/O SUBRAMANIYAN ASARI, AGED 60 YEARS,

T.C.24/2020, ERANIEL (JUNCTION), NEYYUR P.O., KANYAKUMARI.

*ADDL.R2 S. MURUKAN

S/O SUBRAMANIYAN ASARI,AGED 57 YEARS, T.C.20/2557

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(T.C.45/2557-NEW NUMBER), AISWARYA,

S.S.STREET, KARAMA – 695002.

*ADDL.R3 RAJAKUMAR

S/OSUBRAMANIYAN ASARI, AGED 52 YEARS,

T.C.29/1248/2, GAYATHRI, A.R.A.-109,

PALKULANGARA, PETTAHA P.O.-695 038.

*ADDITIONAL RESPONDENTS 1 TO 3 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED 1ST RESPONDENT VIDE ORDER DATED 24.03.2025 IN IA No.1/2021.

BY ADVS.

A.CHANDRA BABU

AVIJITH A.V

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

and connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 57 OF 2020 AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 IN LAR NO.598 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM APPELLANT/1ST CLAIMANT:

UNNIKRISHNAN NAIR,

AGED 69 YEARS

S/O. RAMAN PILLAI, HSRA .B. 24, T.C. 50/874(2), SARANYA PRABHA KALADY, KARAMANA P.O.

THIRUVANANTHAPURAM.

BY ADVS.

D.SAJEEV

SMT.LIGEY ANTONY

RESPONDENT S / RESPONDENTS IN LAR :

1 STATE OF KERALA

REPRESENTED BY DISTRICT COLLECTOR,

THIRUVANANTHAPURAM 695 043.

2 THE EXECUTIVE ENGINEER,

PWD DIVISION, PUBLIC OFFICER,

THIRUVANANTHAPURAM 695 033.

SRI.T.K.SHAJAHAN – SR.GP

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..27/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LAA No.27/2017

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JUDGMENT

[LA.App. Nos.27/2017, 113/2018, 133/2018, 11/2017, 92/2017, 644/2015, 279/2017, 387/2016, 109/2019, 316/2018, 2/2019, 335/2018, 313/2018, 311/2018, 310/2018, 315/2018, 272/2018, 314/2018, 362/2018, 57/2020 and 360/2018] Easwaran S. , J.

These appeals, except LAA No.57 of 2020, are preferred by the State aggrieved by the enhancement granted by the Reference Court in respect of an acquisition relating to the widening of Kalady – Maruthoorkadavu (Reach-I) and Karamana - Thaliyal (Reach II) Road.

The details of the extent of land, the amount fixed by the Land Acquisition Officer and the enhancement granted by the Reference Court are as follows:

Sl.

LAA

No.

LAR

No.

Extent

(in Ares)

4(1)

Notifica-

tion

Award of

LAO

(per Are)

Award of

Reference

Court

(per Are)

Reference

Court

relied on

1 27/

2017

401/

2010

0.23 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR 512/2010 2 644/ 2015 395/ 2010 1.40 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR 394/2010 3 387/ 2016 8/ 2011 0.29 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR 7/2011 4 11/ 2017 50/ 2011 0.03 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR 7/2011 5 92/ 2017 571/ 2010 1.85 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR 420/2010 6 279/ 2017 9/ 2011 0.43 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR 466/2010 7 113/ 2018 420/ 2010 0.46 30.09.2006 Rs.1,35,733/- Rs.12,53,133/- LAR 517/2010 8 133/ 2018 424/ 2010 0.42 30.09.2006 Rs.1,62,880/- Rs.12,00,000/- LAR 451/2010

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9 272/

2018

611/

2010

0.07 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 420/2010 10 310/ 2018 51/ 2011 0.14 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 611/2010 11 311/ 2018 6/ 2011 0.47 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 426/2010 12 313/ 2018 10/ 2011 0.85 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 397/2010 13 314/ 2018 29/ 2011 0.2 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 595/2010 14 315/ 2018 33/ 2011 0.2 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 507/2010 15 316/ 2018 48/ 2011 0.14 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 507/2010 16 355/ 2018 30/ 2011 0.08 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 466/2010 17 360/ 2018 36/ 2011 0.93 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 611/2010 18 362/ 2018 396/ 2010 0.01 30.09.2006 Rs.1,35,733/- Rs.10,00,000/- LAR 517/2010 19 2/ 2019 32/ 2011 0.08 30.09.2006 Rs.2,61,858/- Rs.10,00,000/- LAR 611/2010 20 109/ 2019 49/ 2011 0.34 30.09.2006 Rs.2,61,858/- Rs.12,00,000/- LAR 466/2010 CLAIMANT’S APPEAL Sl.

LAA

No.

LAR

No.

Extent

(in Ares)

4(1)

Notifica-

tion

Award of

LAO

(per Are)

Award of

Reference

Court

(per Are)

Reference

Court

relied on

1 57/

2020

598/

2010

0.35 30.09.2006 Rs.1,62,880/- Rs.7,41,000/- Exhibit R5 and R5(b)

Fair Value

statement

2. LAA No.57 of 2020 arises out of the judgment and decree dated 30.03.2019 in LAR No.598 of 2010 on the files of the IInd Additional Sub Court, Thiruvananthapuram. The claimant has preferred the above appeal aggrieved by the fixation of the land value by the Reference Court.

3. Heard, Sri.T.K.Shajahan – learned Senior Government

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Pleader appearing on behalf of the State, Sri.G.P .Shinod – learned counsel for the claimant in LAA No.27 of 2017, Sri.Ayyappan Sankar - learned counsel for the claimant in LAA No.644 of 2015, Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.387 of 2016, Sri.Pirappancode V .S.Sudhir - learned counsel for the claimant in LAA No.92 of 2017, Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.279 of 2017, Sri.V .R.Gopu - learned counsel for the claimant in LAA No.133 of 2018, Sri.Nemom Chandra Babu - learned counsel for the claimant in LAA No.272 of 2018, Sri.K.S.Hariharaputhran -learned counsel for the claimant in LAA No.310 of 2018, Sri.K.Siju - learned counsel for the claimant in LAA No.311 of 2018, Sri.T.H.Abdul Azeez - learned counsel for the claimant in LAA No.313 of 2018, Sri.Ayyappan Sankar -learned counsel for the claimant in LAA No.314 of 2018, Sri.G.P .Shinod - learned counsel for the claimant in LAA No.315 of 2018, Sri.A.Chandra Babu - learned counsel for the claimant in LAA No.109 of 2019 and Sri.D.Sajeev - learned counsel for the appellant in LAA No.57 of 2020.

4. When the matter is taken up for consideration today, Sri.T.K.Shajahan - learned Senior Government Pleader placed before was a copy of the judgment dated 14.10.2024 in LAA No.61 of 2017 of the Coordinate Bench of this Court, which followed the earlier judgment of this Court in LAA No.145 of 2018, wherein the

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Coordinate Bench had refixed the land value to Rs.7,41,000/- per Are instead of Rs.10 lakhs by relying on the judgment in LAR No.563 of 2010 consequent to the remand order issued by this Court in LAA No.101 of 2008. We find that the Reference Court in LAR No.598 of 2010, out of which LAA No.57 of 2020 arises, had followed the very same principle and then fixed the land value at Rs.7,41,000/- per Are.

5. On a consideration of the materials on record and also the judgment of this Court in LAA No.61 of 2017, we are of the view that the appeals preferred by the State has to be allowed and the appeal preferred by the claimant i.e. LAA No.57 of 2020 is liable to be dismissed.

Accordingly, the appeals preferred by the State are allowed and appeal preferred by the claimant in LAR No.598 of 2010 is dismissed.

No order as to cost.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR

JUDGE

Sd/-

EASWARAN S.

JUDGE

ACR