Kerala High Court
State Of Kerala vs M.K.Gopinathan
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon, Anil K.Narendran
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY,THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
LA.App..No. 103 of 2014 ()
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AGAINST THE JUDGMENT IN LAR 694/2008 of II ADDL.SUB COURT,
THIRUVANANTHAPURAM DATED 8.6.10.
APPELLANT/RESPONDENT IN L.A.R.:
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1. STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2. THE SPECIAL TAHSILDAR (L.A., N.H.)
THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER SRI R.PADMARAJ
RESPONDENT/CLAIMANT IN L.A.R.:
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M.K.GOPINATHAN
MARAVANVILAKATHU VEEDU, EDAGRAMOM,
KARAMANA P.O.
THIRUVANANTHAPURAM-695 002. (DIED)
ADDL.R2 TO R4 IMPLEADED:
ADDL.R2: SRI M.G.KRISHNAKUMAR (39 YEARS), SON,
DEVI NIVAS, T.C.64/813 (1), KARAMANA P.O.,
THIRUVANANTHAPURAM 695 002
(MOBILE No.9447696555)
ADDL.R3: SRI M.G.RAJESH (37 YEARS), SON
MARANVILAKATHU VEEDU, T.C.-64/813 (2),
KARAMANA P.O.,
THIRUVANANTHAPURAM, PIN - 695 002.
ADDL.R4: SMT.I.SINDHU (36 YEARS), DAUGHTER,
MARANVILAKATHU VEEDU, T.C.-64/813(2),
KARAMANA P.O.,
THIRUVANANTHAPURAM, PIN - 695 002.
(LEGAL REPRESENATIVES OF DECEASED SOLE RESPONDENT ARE IMPLEADED AS
ADDL RESPONDENTS 2 TO 4 VIDE ORDER DT.25.1.2016 IN I.A.753/15.)
ADDL R2-R4 BY ADV. SRI.GOPAKUMAR R.THALIYAL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON
25-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
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L.A.A.No.103 OF 2014
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DATED THIS THE 25th DAY OF JANUARY, 2016
JUDGMENT
P.R.RAMACHANDRA MENON, J.
This appeal arises from the judgment and decree in L.A.R.No.694/2008 on the file of the Second Additional Sub Court, Thiruvananthapuram. An extent of 0.35 Ares of land in Survey No.3155/19, 20 and 25 of Manacaud Village in Thiruvananthapuram Taluk was acquired for the purpose of widening road from Karamana-Killipalam Reach No.II. The Land Acquisition Officer awarded land value at 2,07,774/- per Are. The Reference Court enhanced the land value to 9,88,000/- per Are. Contending that the amount awarded is exorbitant, the State has preferred this appeal.
2. The learned Government Pleader submits that the issue involved in this case is covered by a common judgment dated 12.1.2015 passed by this Court in L.A.A.No.66/2013 and connected cases. The learned Government Pleader submits that, under exactly similar circumstance, the land value has been reduced to L.A.A.No.103/14 -2- 6,17,284/- per Are in respect of the particular category as involved herein. No objection is raised with regard to the said submission, from the part of the 1st respondent. In the said circumstance, this Court finds it appropriate to have the matter disposed of in tune with the judgment dated 12.1.2015 passed by this Court in L.A.A.No.66/2013 and connected cases. Accordingly, the land value stands reduced from 9,88,000/- per Are to 6,17,284/- per Are. The respondent shall be entitled get all statutory benefits based on the extent of refixation as ordered above.
Appeal is disposed of as above.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE Sd/-
ANIL K.NARENDRAN, JUDGE dsn True copy P.S.to Judge