Kerala High Court
State Of Kerala vs Ambjuakshy on 13 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 75 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 29.10.2022 IN LAR NO.60 OF
2013 OF SUB COURT ,KOTTARAKKARA
APPELLANT/RESPONDENT:
STATE OF KERALA REP BY DISTRICT COLLECTOR,
KOLLAM, PIN - 691001
SMT.SUDHA DEVI.N, Spl. G.P.-LAA
RESPONDENT/CLAIMANT:
KUTTAPPAN PILLAI
CHANDRAYIL, THAZHAMEL MURI,
ANCHAL, PIN - 691306
BY ADV ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..61/2018,
64/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 61 OF 2018
THE JUDGMENT AND DECREE DATED 26.11.2015 IN LAR NO.64/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA REPRESENTED BY THE DISTRICT
COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P.-LAA
RESPONDENT/CLAIMANT IN LAR:
KUTTAPPAN PILLAI
CHANDRAYIL, THAZHAMEL MURI,
ANCHAL-691306.
BY ADV
SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 64 OF 2018
APPEAL AGAINST THE JUDGMENT AND DECREE DATED 08.09.2015 IN
LAR NO.71/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
BY ADV
SMT.SUDHA DEVI.N, Spl. G.P.-LAA
RESPONDENT/CLAIMANT IN LAR:
KUTTAPPAN PILLAI
CHANDRAYIL, THAZHAMEL MURI, ANCHAL-691306.
BY ADV
SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 85 OF 2018
AGAINST THE JUDGMENT DATED 31.03.2015 IN LAR NO.48/2013 IN
THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
BHADRAN,
PUTHEN VEEDU, AGASTHYAKODU MURI, ANCHAL
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY DISTRICT
COLLECTOR, KOLLAM-695001
SMT.SUDHA DEVI.N, Spl. G.P.-LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 120 OF 2018
APPEAL AGAINST THE JUDGMENT DATED 31.03.2015 IN LAR
NO.36/2013 OF THE SUB COURT,KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P.-LAA
RESPONDENT/CLAIMANT IN LAR:
SHAMSUDHEEN
SIYAD MANZIL,PANACHAVILA MURI,
EDAMULACKAL VILLAGE,PIN-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 549 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 31.03.2015 IN LAR NO.37 OF
2013 OF SUBORDINATE JUDGES COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
SOUDA BEEVI
PATTARAZHIKTHU VEEDU,
VADAKUMKARA VADAKKATHIL, UMAYANALLUR MURI,
MAYYANADU, NOW RESIDING AT AL-AMAN MANZIL,
THAZHAMEL CHERRY, ANCHAL VILLAGE.
BY ADV SMT.ANITHA M.N. (EKM)
RESPONDENTS/RESPONDENT:
STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
KOLLAMREPRESENTED BY DISTRICT COLLECTOR,
KOLLAM, PIN-691 001.
SMT.SUDHA DEVI.N, Spl. G.P.-LAA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 551 OF 2015
AGAINST THE JUDGMENT DATED 31.03.2015 IN LAR NO.42/2013 ON
THE FILE OF THE SUBORDINATE JUDGES COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
SOUDA BEEVI
PATTARAZHAIKATHU VEEDU, VADAKKUMKARA VADAKKATHIL,
UMAYANALLUR MURI, MAYYANADU, NOW RESIDING AT AL-
AMAN MANZIL, THAZHAMEL CHERRY, ANCHAL VILLAGE.
BY ADV SMT.ANITHA M.N. (EKM)
RESPONDENTS/RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
KOLLAM, PIN-691 001.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 553 OF 2015
AGAINST THE JUDGMENT AND DECREE IN LAR NO.39/2013 DATED
31.03.2015 ON THE FILE OF THE SUBORDINATE JUDGES COURT,
KOTTARAKKARA
APPELLANT/CLAIMANT:
SUBAIDA BEEVI W/O. AMEER KUTTY,
AGED 50 YEARS, RAJEENA MANZIL,
THAZHAMEL CHERRY, ANCHAL VILLAGE.
BY ADV SMT.ANITHA M.N. (EKM)
RESPONDENTS/RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 558 OF 2015
AGAINST THE COMM0N JUDGMENT AND DECREE IN LAR NO.38/2013
DATED 31.03.2015 ON THE FILE OF THE SUBORDINATE JUDGES
COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
SUFANA W/O.FAZALUDEEN,
RESIDING AT A1-AMAN MANZIL,
THAZHAMEL CHERRY, ANCHAL VILLAGE.
BY ADV SMT.ANITHA M.N. (EKM)
RESPONDENTS/RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
KOLLAM - 691 001.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 94 OF 2017
THE JUDGMENT AND DECREE DATED 26.11.2015 IN LAR NO.7/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PAPPACHAN,
MARUNTHALAZHIKATHU VEEDU,
PADINJATTINKARA MURI,EDAMULAKKAL.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 98 OF 2017
THE JUDGMENT AND DECREE DATED 26.11.2015 IN LAR NO.66/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
KUTTAPPAN PILLAI
CHANDRAYIL, THAZHAMEL MURI, ANCHAL, PIN:691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 100 OF 2017
THE JUDGMENT AND DECREE DATED 26.11.2015 IN LAR NO.2/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PAPPACHAN
MARUNTHALAZHIKATHU VEEDU,PADINJATTINKARA MURI,
EDAMULAKKAL.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 102 OF 2017
APPEAL AGAINST THE JUDGMENT DECREE DATED 10.03.2016 IN LAR
NO.3/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PRASAD
THALLAKKATTU VEEDU,
PADINJATTINKARA MURI,EDAMULAKKAL.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 103 OF 2017
APPEAL AGAINST THE JUDGMENT DECREE DATED 10.03.2016 IN LAR
NO.6/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PRASAD
THALLAKKATTU VEEDU,
PADINJATTINKARA MURI,EDAMULAKKAL.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 104 OF 2017
THE JUDGMENT AND DECREE DATED 10.09.2015 IN LAR NO.50/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
C.BABURAJAN PILLAI
THEKKEDATHU VEEDU,PANAYAMCHERRY MURI,
ANCHAL-691 306.
BY ADV SRI.KABIL CHANDRAN.T
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 107 OF 2017
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.52/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
1 THOMAS
MUTHUKUNNATHU VADAKKATHIL, THAZHAMEL MURI,
ANCHAL - 691306.
2 OMANAKUTTY
MUTHUKUNNATHU VADAKKATHIL, THAZHAMEL MURI,
ANCHAL - 691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 110 OF 2017
APPEAL AGAINST THE JUDGMENT DECREE DATED 10.03.2016 IN LAR
NO.4/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PRASAD
THATTAKKATTU VEEDU,PADINJATTINKARA VEEDU,
EDAMULAKKAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 111 OF 2017
APPEAL AGAINST THE JUDGMENT DECREE DATED 10.03.2016 IN LAR
NO.5/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PRASAD
THALLAKKATTU VEEDU,PADINJATTINKARA MURI,
EDAMNULAKKAL,PIN-691321.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 112 OF 2017
THE JUDGMENT AND DECREE DATED 11.04.2016 IN LAR
NO.30/2013 ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 ANISH, S/O.GOPALAN,
KODIYAZHIKATHUVEEDU,THAZHAMEL MURI,
ANCHAL-691306.
2 BINDU, W/O.ANEESH,
KODIYAZHIKATHUVEEDU,THAZHAMEL MURI,
ANCHAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 113 OF 2017
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.25/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
JYOTHI KUMAR
JYOTHI BHAVAN,PANAYAMCHERRY MURI,
ANCHAL,PIN-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
21
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 114 OF 2017
THE JUDGMENT AND DECREE DATED 26.11.2015 IN LAR NO.56/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
PAPPACHAN
MARUNTHALAZHIKATHU VEEDU,PADINJATTINKARA MURI,
EDAMULAKKAL.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 115 OF 2017
THE JUDGMENT AND DECREE DATED 10.03.2016 IN LAR NO.16/2014 ON
THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANT IN LAR:
1 BINDU, W/O ANEESH,KODIYAZHIKATHUVEEDU,
THAZHAMELMURI, ANCHAL,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
VAMADEVAN,S/O.KESAVAN,KODIYAZHIKATHU VEEDU,
THAZHAMEL CHERRY,ANCHAL VILLAGE-691306.
2 M.A.NAJEEM,HATHATHU HOUSE,THAZHAMEL MURI,
ANCHAL-691306,
REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER.SUNEETH.M.A.,
CRESENT,THAZHAMEL,ANCHAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 116 OF 2017
THE JUDGMENT AND DECREE DATED 01.06.2015 IN LAR NO.10/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SASANKAN ACHARY,
PARAKKATTU VEEDU,PANAYAMCHERRY MURI,
ANCHAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 117 OF 2017
THE JUDGMENT AND DECREE DATED 11.04.2016 IN LAR NO.31/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 ANISH
S/O. GOPALAN, KODIYAZHIKATHUVEEDU,
THAZHAMELMURI,ANCHAL, - 691 306.
2 BINDU
W/O. ANEESH, KODIYAZHIKATHUVEEDU,
THAZHAMELMURI,ANCHAL, - 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
25
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 135 OF 2017
THE JUDGMENT AND DECREE DATED 26.11.2015 IN LAR NO.61/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
KUTTAPPAN PILLAI
CHANDRAYIL, THAZHAMEL MURI, ANCHAL - 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
26
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 166 OF 2017
THE JUDGMENT AND DECREE DATED 11.04.2016 IN LAR NO.57/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SUNDARESAN
THATTAKKATTU VEEDU, PADINKATTINKARA
MURI,EDAMULAKKAL PIN- 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
27
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 171 OF 2017
THE JUDGMENT AND DECREE DATED 10.03.2016 IN LAR NO.12/2014
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
BINDU
W/O. ANEESH, KODIYAZHIKATHUVEEDU,
THAZHAMELMURI,ANCHAL, REPRESENTED BY HER POWER OF
ATTORNEY HOLDER VAMADEVAN, S/O.KESAVAN,
KODIYAZHIKATHU VEEDU,THAZHAMEL CHERRY,
ANCHAL VILLAGE - 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
28
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 250 OF 2017
AGAINST THE JUDGMENT DATED 26.11.2015 IN LAR NO.7/2013 IN
THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
PAPPACHAN
S/O.GEEVARGHESE, MURUNTHALAZHIKATHU VEEDU,
PADINJATTINKARA MURI, EDAMULAKKAL
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY DISTRICT
COLLECTOR, KOLLAM-691001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 270 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED DATED 26.11.2015 IN
LAR NO.56/2013 IN THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
PAPPACHAN
S/O.GEEVARGHESE, MURUTHALAZHIKATHU
VEEDU,PADINJATTINKARA MURI, EDAMULAKKAL.
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,KOLLAM-691 013.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
30
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 288 OF 2017
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.58/2013
ON THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANT IN LAR:
1 LALITHAMMAL
MANGALATHU VEEDU, PANAYAMCHERRY MURI,
EDAMULACKAL-691321.
2 VELAPPANACHARY
MANGALATHU VEEDU, PANAYAMCHERRY MURI,EDAMULACKAL-
691321.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEN FINALLY HEARD
ON 13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
31
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 379 OF 2017
AGAINST THE JUDGMENT DATED 31.03.2015 IN LAR NO.9/2013 IN
THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
SASANKAN ACHARY
PARAKKATTU VEEDU, PANAYAMCHERRY MURI, ANCHAL.
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY DISTRICT
COLLECTOR, KOLLAM-691013.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
32
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 380 OF 2017
AGAINST THE JUDGMENT DATED 01.06.2015 IN LAR NO.10/2013 IN
THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
SASANKAN ACHARY
PARAKKATTU VEEU, PANAYAMCHERRY MURI, ANCHAL
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, KOLLAM 691 001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
33
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 427 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 31.03.2015 IN
LAR NO.33/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
RAVINDRAN PILLAI
VEDARPACHA VEEDU, THAZHAMEL CHERRY,
ANCHAL.PIN.691306.
BY ADVS.
SRI.ARUN BABU
SRI.G.HARIPRASAD
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 431 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 08.09.2015 IN
LAR NO.72/2013 OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
KUTTAPPAN PILLAI
CHANDRAYIL, THAZHAMEL MURI,
ANCHAL, PIN - 691 306.
BY ADVS.
SRI.ARUN BABU
SMT.S.NISHI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
35
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 435 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 05.08.2015 IN
LAR NO.40/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SAHADOONATHU BEEVI
PALLIVADAKKATHIL VEEDU,THAZHAMEL MURI,
ANCHAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
36
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 441 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 31.03.2015 IN LAR
NO.65/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 IDIKULA GEORGE
PLAVILA PUTHEN VEEDU, PADINJATTINKARA MURI,
EDAMULAKKAL PIN 691 321.
2 JOSE GEORGE
PLAVILA PUTHEN VEEDU,PADINJATTINKARA MURI,
EDAMULAKKAL PIN 691 321.
3 BAPPU GEORGE
PLAVILA PUTHEN VEEDU, PADINJATTINKARA MURI,
EDAMULAKKAL PIN 691 321.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
37
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 443 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 05.08.2015 IN
LAR NO.41/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
MADHURI RAJAN
KAIPPUZHA VEEDU, THAZHAMEL MURI,
ANCHAL, PIN-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
38
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 447 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 31.03.2015 IN
LAR NO.35 OF 2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
RAVINDRAN PILLAI
VEDARPACHA VEEDU, THAZHAMEL CHERRY,
ANCHAL - 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
39
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 448 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 05.08.2015 IN
LAR NO.45/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 BASHEER
SABEENA MANZIL, THAZHAMEL MURI, ANCHAL - 691306
2 SAHADOONATHU BEEVI
THAZHAMEL MURI, ANCHAL - 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
40
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 449 OF 2017
APPEAL AGAINST THE JUDGMENT & DECREE DATED 05.08.2015 IN
LAR NO.44/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
RUHALATHU BEEVI
PALLIVADAKKATHIL VEEDU, THAZHAMEL MURI,ANCHAL
KOLLAM - 691 306.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
41
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 115 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.37/2013 ON
THE FILE OF SUB COURT, KOTTARAKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SOUDA BEEVI
PATTARAZHIKATHU VEEDU,VADAKKUMKARA
VADAKKATHIL,UMAYANALLOOR MURI,MAYYANADU,
NOW RESIDING AT AL-AMAN MANZIL,THAZHAMEL
CHERRY,ANCHAL VILLAGE - 691306
BY ADVS.
ANITHA M.N. (EKM)
RASHEED C.NOORANAD
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
42
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 118 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.34/2013
ON THE FILE OF SUB COURT, KOTTARAKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
RADHAKRISHNA PILLAI
KRISHNALAYAM, PANAYAMCHERRY MURI, ANCHAL 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
43
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 122 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.68/2013
ON THE FILE OF SUB COURT, KOTTARAKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
MUHAMMAD SHAFI
AJMAL NIVAS,PANAYAMCHERRI MURI,ANCHAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
44
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 126 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.26/2013
ON THE FILE OF SUB COURT, KOTTARAKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
RASHEEDA BEEVI
VILAYIL VEEDU, PEROOR CHERRY, KOTTANKARA, KOLLAM.
NOW RESIDING AT ARAYANMOTTIL VEEDU, CHEEPPUVAYAL,
THAZHAMEL CHERI, ANCHAL VILLAGE-691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
45
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 131 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.8/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
AMBJUAKSHY
W/O.SADASIVAN, VINOD BHAVAN, THAZHAMEL MURI,
ANCHAL-691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
46
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 133 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.47/2013
OF THE SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 SIVADASAN
PUTHEN VEEDU, AGASTHYAKODE MURI,
ANCHAL, PIN-691 306.
2 VALSALA
PUTHEN VEEDU, AGASTHYAKODE MURI, ANCHAL-691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
47
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 134 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.53/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SABU
THULUVACHIRA HOUSE, THAZHAMEL MURI,ANCHAL,
REPRESENTED BY HIS POWER OF ATTORNEY,W/O.SABU,
THULUVACHIRA HOUSE,THAZHAMMEL MURI, ANCHAL 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
48
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 135 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.28/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SASIDHARAN
GIRIJA MANDIRAM, THAZHAMEL CHERRY,
ANCHAL-691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
49
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 140 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.55/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
KUNJUMON
ROYAL COTTAGE, THAZHAMEL MURI, ANCHAL-691 306.
DAISY KUNJUMON, ROYAL COTTAGE, TAZHAMEL MURI,
ANCHAL - 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
50
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 141 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.51/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SAHEER
S/O MEERASAHIB, PALLIVADAKKATHIL, THAZHAMEL MURI,
ANCHAL, REPRESENTED BY HIS POWER OF ATTORNEY,
SHEHINA, W/O. SAHEER, PALLIVADAKKATHIL, THAZHAMEL
MURI, ANCHAL - 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
51
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 142 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.48/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
BHADRAN
PUTHEN VEEDU, AGASTHYAKODU MURI, ANCHAL-691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
52
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 144 OF 2016
AGAINST JUDGMENT AND DECREE DATED 31.03.2015 IN LAR
NO.55/2013 IN THE FILE OF THE SUB COURT, KOTTARAKKARA
APPELLANTS/CLAIMANTS:
1 KUNJUMON
ROYAL COTTAGE, THAZHAMEL MURI,ANCHAL
2 DAISY KUNJUMON
ROYAL COTTAGE, THAZHAMEL MURI,ANCHAL 691 001
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, KOLLAM 691 001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
53
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 147 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.42/2013 ON
THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SOUDA BEEVI
PATTARAZHIKATHU VEEDU, VADAKKUMKARA VADAKKATHIL,
UMAYANALLOOR MURI,MAYYANADU, NOW RESIDING AT AL-AMAN
MANZIL, THAZHAMEL CHERRY, ANCHAL VILLAGE,
KOLLAM-691 306.
BY ADVS.
ANITHA M.N. (EKM)
RASHEED C.NOORANAD
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
54
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 149 OF 2016
THE JUDGMENT AND DECREE DATED 01.06.2015 IN LAR NO.9/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SASANKAN ACHARY
PARAKKATTU VEEDU, PANAYAMCHERRY MURI,
ANCHAL- 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
55
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 150 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.74/ ON
THE FILE OF SUB COURT, KOTTARAKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 MEENAKSHI AMMA
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL - 691 306.
2 SABU
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL - 691 306.
3 SAJU
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL - 691 306.
4 SANDHYA
CHAMAKKALA PUTHEN VEEDU,
PANAYAMCHERRY MURI, ANCHAL - 691 306.
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
56
5 SAJI
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL - 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
57
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 151 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.46/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANT IN LAR:
1 SIVADASAN
PERUVANA PUTHEN VEEDU, PUTHIYAVILA MURI,
ANCHAL- 691306
2 VALSALA PERUVANA PUTHEN VEEDU
PUTHIYAVILA MURI, ANCHAL- 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
58
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 154 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.39/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR,KOLLAM - 691 001.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SUBAIDA BEEVI
REJINA MANZIL,THAZHAMEL MURI,ANCHAL - 691 306.
BY ADVS.
ANITHA M.N. (EKM)
RASHEED C.NOORANAD
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
59
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 156 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.54/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 JOHN CHERIYAN
ELAVUKATTIL VEEDU, THASHAMEL MURI,
ANCHAL - 691 306.
2
ANNIE CHERIYAN
ELAVUKATTIL VEEDU, THASHAMEL MURI,
ANCHAL - 691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
60
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 159 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.70/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 MEENAKSHI AMMA
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL 691306
2 SABU
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL 691306
3 SAJU
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL 691306
4 SANDHYA
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL 691306
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
61
5 SAJI
CHAMAKKALA PUTHEN VEEDU, PANAYAMCHERRY MURI,
ANCHAL 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
62
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 162 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.69/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP BY THE DISTRICT COLLECTOR, KOLLAM
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
RAJAGOPALAN NAIR
ASHA MANDIRAM, PANAYAMCHERI MURI,
ANCHAL PIN 691306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
63
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 167 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.67/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
GOPALAKRISHNA PILLAI
MELETHOTTATHIL VEEDU, PANAYAMCHERRI MURI,
ANCHAL.691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
64
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 168 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.49/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLlECTOR,
KOLLAM-691001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
ARIFA BEEVI
SHAMEER MANZIL, CHEEPPUVAYAL, THAZHAMEL MURI,
ANCHAL-691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
65
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 179 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.38/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SUFANA
W/O.FAZALUDEEN, AL-AMEEN MANZIL, THAZHAMEL
MURI,ANCHAL VILLAGE, PIN-691 306.
BY ADVS.
ANITHA M.N. (EKM)
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
66
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 188 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.27/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. B THE DISTRICT COLLECTOR,KOLLAM 691001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
NAVAS
S/O. BASHEER, BUNGLAMKUNNU VEEDU,
THAZHAMEL CHERRY, ANCHAL 691306
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
67
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 235 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.29/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SASIDHARAN,'CHAITHANYA' PALAMUKKU,
EDAMULAKKAL MURI, EDAMULAKKAL-691 306.
BY ADV SRI.ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
68
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 300 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.73/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR,KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 REKHA
KEEZHVAYAL PUTHEN VEEDU,THAZHAMEL MURI,
ANCHAL, KOLLAM - 691 306.
2 VIJAYAN PILLAI
KEEZHVAYAL PUTHEN VEEDU,THAZHAMEL MURI,
ANCHAL, KOLLAM - 691 306.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
69
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 350 OF 2016
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.67/2013
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
GOPALAKRISHNA PILLAI
MELETHOTTATHIL VEEDU, PANAYAMCHERRI MURI, ANCHAL.
BY ADV SRI.ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY DISTRICT
COLLECTOR, KOLLAM
691001.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
70
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 77 OF 2019
THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.11/2014
ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANTS IN LAR:
1 JOHNSON,
KOCHU PUTHEN BUNGLOW, ALAYAMON MURI,
ALAYAMON.691306
2 JOHN ABRAHAM,
GREEN HILL , NALLILA.691515
BY ADV SRI.B.KRISHNA MANI
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
71
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 83 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 04.09.2015 IN LAR
NO.9/2014 ON THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
SARAMMA
W/O.ABRAHAM, ANAPUZHAKKAL THUNDAVILA VEEDU,
CHEMPAKARAMANALLOOR MURI, ANCHAL REPRESENTED BY HER
POWER OF ATTORNEY HOLDE,R T.A. PHILIP, S/O.ABRAHAM,
THUNDAVILA FIELD VIEW, EDAMULACKAL MURI, EDAMULACKAL
VILLAGE, PUNALUR TALUK-691306
BY ADVS.
SRI.B.KRISHNA MANI
SMT.N.V.SANDHYA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
72
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 67 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 04.09.2015 IN LAR
NO.10/2014 ON THE FILE OF SUB COURT, KOTTARAKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
THIRUVANANTHAPURAM
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 JOHNSON, KOCHU PUTHEN BUNGLOW, ALAYAMON MURI,
ALAYAMON, PIN-691 306
2 JOHN ABRAHAM,
GREEN HILL, NALLILA, PIN-691 515
BY ADVS.
Krishna Mani B.
N.V.SANDHYA(K/438/2002)
DHANUJA M.S(K/001519/2018)
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
73
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 84 OF 2023
APPEAL AGAINST THE JUDGMENT DECREE DATED 24.09.2022 IN LAR
NO.63/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA REPRESENTED BY THE DISTRICT
COLLECTOR, KOLLAM
BY ADV
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
R.GIRISH,
GEETHA BHAVAN , ANCHAL.
BY ADV Arun Babu
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
74
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 86 OF 2023
APPEAL AGAINST THE JUDGMENT DECREE DATED 24.09.2022 IN LAR
NO.62/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR , KOLLAM
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
R.GIRISH,
GEETHA BHAVAN , ANCHAL, PIN - 691 306
BY ADV ARUN BABU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
75
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 87 OF 2023
APPEAL AGAINST THE JUDGMENT DECREE DATED 24.09.2022 IN LAR
NO.62/2013 OF SUB COURT, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR ,
KOLLAM, PIN - 691013
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
R.GIRISH
GEETHA BHAVAN ,ANCHAL, PIN - 691306
BY ADV Arun Babu
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
76
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 228 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 29.09.2020 IN LAR
NO.01/2013 ON THE FILES OF SUBORDINATE JUDGE, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
KOLLAM - 691013.
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENT/CLAIMANT IN LAR:
LALITHAMMAL,
LALITHA BHAVAN, PANAYAMCHERRY MURI.,
ANCHAL - 691306.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
77
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
LA.APP. NO. 236 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 29.09.2020 IN LAR
NO.58/2013 ON THE FILES OF SUBORDINATE JUDGE, KOTTARAKKARA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-691 013
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
RESPONDENTS/CLAIMANTS IN LAR:
1 LALITHAMMAL
MANGALATHU VEEDU, PANAYAMCHERRY MURI,
EDAMULACKAL-691 306
2 VELAPPANACHARY
MANGALATHU VEEDU, PANAYAMCHERRY MURI,
EDAMULACKAL-691 306
BY ADV Arun Babu
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON 13.11.2024, ALONG WITH LA.App..75/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
78
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 261 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR
NO.47/2013 IN THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
1 SIVADASAN,
PUTHEN VEEDU, AGASTHYAKODE MURI ANCHAL
2 VALSALA
PUTHEN VEEDU, AGASTHYAKODE MURI, ANCHAL
BY ADV ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR, KOLLAM 691001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
79
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 278 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 05.08.2015 IN LAR
NO.41/2013 IN THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
MADHURI RAJAN
KAIPPUZHA VEEDU, THAZHAMEL MURI, ANCHAL
BY ADV ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, KOLLAM-698001
BY ADV
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
80
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
LA.APP. NO. 342 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR
NO.35/2013 IN THE FILE OF SUB COURT, KOTTARAKKARA
APPELLANT/CLAIMANT:
RAVINDRAN PILLAI
VEDARPACHA VEEDU, THAZHAMEL CHERRY, ANCHAL
BY ADV ARUN BABU
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, KOLLAM 691001
SMT.SUDHA DEVI.N, Spl. G.P FOR LAA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH LA.App..75/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85134
LA.APP. NO.75/2023 & con. cases
81
JUDGMENT
[LA.App. Nos.75/2023, 61/2018, 64/2018, 85/2018, 120/2018, 549/2015, 551/2015, 553/2015, 558/2015, 94/2017, 98/2017, 100/2017, 102/2017, 103/2017, 104/2017, 107/2017, 110/2017, 111/2017, 112/2017, 113/2017, 114/2017, 115/2017, 116/2017, 117/2017, 135/2017, 166/2017, 171/2017, 250/2017, 270/2017, 288/2017, 379/2017, 380/2017, 427/2017, 431/2017, 435/2017, 441/2017, 443/2017, 447/2017, 448/2017, 449/2017, 115/2016, 118/2016, 122/2016, 126/2016, 131/2016, 133/2016, 134/2016, 135/2016, 140/2016, 141/2016, 142/2016, 144/2016, 147/2016, 149/2016, 150/2016, 151/2016, 154/2016, 156/2016, 159/2016, 162/2016, 167/2016, 168/2016, 179/2016, 188/2016, 235/2016, 300/2016, 350/2016, 77/2019, 83/2019, 67/2019, 84/2023, 86/2023, 87/2023, 228/2021, 236/2021, 261/2018, 278/2018, 342/2018] Amit Rawal, J.
1. This order shall decide seventy eight(78) appeals out of which twelve(12) have been filed by the claimants seeking enhancement of compensation and remaining sixty six(66) by the State.
2. State of Kerala on the basis of the request of PWD (Roads) for the purpose of construction of old bypass at 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 82 Anchal Town, Kollam, caused a notification under Section 4(1) of the erstwhile Land Acquisition Act on 14.06.2010 for acquisition of land situated in Anchal village, Block No.34, consisting of various parcels of land ie., 311.36 Ares of land. It is pertinent to mention here that one(1) Are is equivalent to 2.47 cents. Land Acquisition Officer on 15.06.2012 assessed the amount of compensation by categorising the land under acquisition into eight(8) categories ie., adopted belting system in the following manner:
Sl No. Category Amount per Are
1 I 39603
2 II 47029
3 III 42326
4 IV 38093
5 V 34284
6 VI 19104
7 VII 17512
8 VIII 15920
3. Few of the land owners sought a reference under Section 18 of the erstwhile Land Acquisition Act, claimed enhancement by placing reliance on a sale deed of 14.08.2008 bearing No.791/2008 registered with the Sub 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 83 Registrar, Kulathuppuzha. Besides that, various other postal receipts, tax receipts and certified copy of the judgment of this Court in LA.A.No.5/86 Ext.A1 to A10 were also relied on. State brought on record Exts.R1 to R5 land acquisition references, one sale deed of 2005. Assistance of Advocate Commissioner was also taken by the claimants, report is exhibited as Ext.C1 and site plan/Mahassar as Ext.C2 besides oral evidence. On analysis of the aforementioned documents, reference court primarily on considering the potentiality and locality of the land as well as by relying upon the report of Advocate Commissioner, assessed the amount of compensation for various categories of land as under:
Category I - Rs.2,21,782/- per Are Category II - Rs.2,77,227/- per Are Category III - Rs.2,21,782/- per Are Category IV - Rs.2,21,782/- per Are Category V - Rs.2,21,782/- per Are Category VI - Rs.2,21,782/- per Are Category VII - Rs.2,21,782/- per Are but in few cases 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 84 granted lesser amount ie., Rs.87,560/- ie in land acquisition reference No.3/13, 4/13, 5/13, 6/13, 12/14 and 16/14.
Category VIII-Rs.2,21,782/- per Are but in reference No.65/13 pertaining to category VIII category as Rs.1 lakh per Are.
4. It is pertinent to mention here that few of the land acquisition appeal Nos.47/2017, 66/2017, 99/2017, 96/2018, 105/2018, 160/2018, 250/2018, 251/2018, 306/2018 against the references No.14/2014, 15/2014, 60/2013, 59/2013 (two cases), 62/2013 (two cases), 63/20213 (two cases), this Court vide judgment dated 10.03.20213 in the aforementioned appeals set aside the findings of the reference court primarily on the ground that the judgment of the reference court was based upon the report of the Advocate Commissioner as no independent evidence was discussed or brought on record except one document Ext.A1 dated 14.08.2008 which was executed between the family members to jack up the price of the land 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 85 for the purpose of claiming higher compensation.
5. On remand, the reference court vide judgment dated 29.10.2022, 29.09.2020 and 24.09.2022 disposed of references LAR Nos.60/13, 1/13, 62/13, 63/13 and 59/13 and assessed the compensation in respect of following categories of land as under:
Category IV - Rs.9,88,400/-, Category VI - Rs.2,21,782/- (retained old price).
Category VII-Rs.3,20,000/-
Category VIII-Rs.2,50,000/-.
6. It would not be out of place to mention here that after remand also, claimants did not lead any fresh evidence for arriving at a just, equitable or higher amount of compensation than earlier granted by Land Acquisition Officer as well as in terms of the observation of this Court.
7. It was further argued that in all other cases where the claimants did not seek reference for enhancement of amount of compensation but are respondents in the appeals preferred by the State, this Court can exercise the power 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 86 under Order XLI Rule 33 to bring at par the price in order to bring succor and equality to all the similarly situated where land owners land had been acquired under the common notification for Anchal bypass, also to prevent disparity and discrimination which is not the purpose and aim of Article 300 of the Constitution of India.
8. Adv.Sudha Devi.N., learned Government Pleader on behalf of the State submitted that in LAAppeal No.75/2023 arising out of the judgment in LAR.60/2023 dated 29.10.2022 after remand, exponentially high amount of compensation of Rs.9,88,400/- was granted in respect of category IV of the land, which was assessed by the Land Acquisition Officer as Rs.38,093/- and is not based upon any piece of evidence but on a guess work, i.e., the potential, commercial nature and other parameters, such practice is impermissible in law as the judgment has to be based upon the oral and documentary evidence but not on surmises and conjectures, therefore, liable to be reduced and at par with the other cases where the amount of compensation in 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 87 majority of the references have been assessed as Rs.2,21,782/-.
9. On the other hand, learned counsel appearing on behalf of the claimants and respondent in Appeal No.75/2023 where the amount of compensation has been exponentially increased to Rs.9,88,400/-, submitted that after remand claimants examined themselves a fresh and brought on record the judgment in LAR No.25/2013, 1/13 and 58/2013, Exts.A3 and A4. But the reference court noticing that the acquired land was just 50 mteres away from Ayur- Anchal road accessible by a country road, much less, a dry land could easily fetch a market value of not less than Rs.4 lakhs per cent, which comes to Rs.9,88,400/- per Are, granted the same amount, therefore such amount of compensation awarded by the reference court after remand should be applied to all the cases by doing away with the belting system. In other words, it was submitted that in the other claims also which are pending before the remand, the ratio or principles culled out in LAR No.60/2013 vide decision 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 88 dated 29.10.2022 be applied.
10. Sri.Rasheed.C.Nooranad, learned counsel appearing on behalf of the claimants in Appeal No.549/2015, 551/2015, 553/2015, 558/2015 also adopted the argument made by the counsel for the claimants in LAAppeal No.75/2023 and claimed the enhanced compensation of Rs.9,88,400/-.
11. We have heard the learned counsel for the parties and appraised the paper books.
12. It would be axiomatic to extract the relevant portion of the judgment of this Court dated 26.3.2019 (LAApp.No.47/2017 & con. Cases) remanding the few matters as noticed above for fresh adjudication. The same reads as under:
"5. It is seen that among the references, L.A.R Nos.59, 62 and 63 of 2013 were disposed of by a common award and the remaining cases were disposed of by separate awards following the common award in the said cases. The common award passed in L.A.R Nos.59, 62 and 63 of 2013 indicates that the only document produced by the claimant to justify the enhancement sought is Ext.A1 dated 14.08.2008. Ext.A1 is a document executed about 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 89 two years prior to the date of notification. The certified copy of the deposition given by the person who has executed Ext.A1 in another land reference case namely L.A.R. No.25 of 2013 was produced by the claimant as Ext.A6. It was noticed by the reference court that the vendor of Ext.A1 document has deposed in L.A.R. No.25 of 2013 that it was a transaction between him and his brother-in-law. The reference court, in the circumstances, having regard to the decision of the Apex court in Trishala Jain v. State of Uttaranchal, 2011 (6) SCC 47, did not place any reliance on the said document. As it has come out that Ext.A1 document was a transaction entered into between close relatives, the reference court cannot be found fault with for having not accepted the same for refixation of the land value. If Ext.A1 is discarded, there is nothing else on record to justify the enhancement granted by the reference court. It appears that the reference court has raised the land value substantially, having regard to the locational importance of the lands as reported by the Advocate Commissioner in Ext.C1 report. It may not be safe to decide the land value solely based on the locational importance of the property. It is seen that there was dispute between the parties even as regards the basic document on the basis of which the land value was fixed by the land acquisition officer. As rightly noted by the reference court, the State has not adduced any evidence in the matter, not even formal. Even the notes of award prepared by the Land Acquisition Officer were not made available to the court. As such, this court is also unable to fix the land value appropriately. As the materials available on record are grossly insufficient, the only option available 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 90 to the court, in the circumstances, is to remit the matters for fresh disposal.
In the result, the land acquisition appeals are allowed, the impugned judgments of the court below are set aside and the reference cases are remitted for fresh disposal. "
13. Reference court in paragraph No.8 onwards in the judgment dated 29.10.2022 reference LAR No.60/2013 out of which Appeal No.75/2023 on behalf of the State has been preferred, in paragraph Nos.8, 19, 20, 21 and 22 noticed as under:
8. After remand, the claimant examined AW1 and AW2 and brought to evidence Ext.A1 to A6.
Respondent-State examined RW1 and brought to evidence Ext.R1 and R2. A certified copy of the Notes on Award was produced at the fag end of the trial and it is marked as Ext.R3.
19. In this case, the claimant produced Ext.A3 and A4 judgments in LAR 25/2013, LAR 1/2013 and LAR 58/2013. The notes on award show that the said judgments also pertain to properties which were acquired for the same Anchal Bypass. In LAR 25/2013, the market value of property in survey 367/22 of Anchal Village which came in category (viii) was determined. This property was a wetland with no access to roads. As per the note to award, the market value of the said property was Rs.15,920/- per are. In Ext.A3 judgment, this was 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 91 enhanced to Rs. 2,21,782/- per are. In LAR 1/2013, the market value of the property in survey number 358/23 of Edamulackal Village, which was a property in category (vi) which was a wetland with access to panchayat road was determined; the market value was enhanced to Rs.2,21,782/- per are from Rs. 19,104/- per are. In LAR 58/2013, the market value of the property in survey number 66/23 in Edamulackal Village which was property in category (viii) which was a wetland with no road access was determined; the market value was enhanced to Rs. 2,21,782/- per are from Rs. 15, 920/- per are.
20. The land acquired from the claimant was valued by the Land Acquisition Officer as having a value of Rs. 38, 093/- only. The land acquired from the claimant is a far better property than the land in Ext.A3 and A4 judgments. The land acquired from the claimant is reclaimed dry land which has access by a country road and is just 50 meters away from Anchal-Ayur road. Therefore, the land acquired from the claimant must have a much higher market value than the properties covered by Ext.A3 and A4 judgments.
21. The claimant has not produced any other deeds showing the market value. In fact, the claimant is simply claiming inflated market value like Rs. 30,00,000/- per cent and Rs. 75,00,000/- per cent etc. Other than Ext.A1, the claimant did not produce any document to substantiate his such inflated claims. The fact that the claimant is not able to produce any other documents to substantiate his claims is itself showing that the acquired property will not fetch a market value anywhere near it. A property which is just 50 meters away from Ayur-Anchal 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 92 road even if it is accessible by a country road only must fetch a market value which will be equal to a property with capabilities for exploitation as a commercial property. Since no other deeds are produced by the claimant and since the market value ascertained by the Land Acquisition Officer does not reflect the actual market value and further since the properties covered by Ext.A3 and A4 judgments are of lesser value when compared to the property acquired from the claimant, I find that the market value has to be determined by a guess work.
22. In Kerala, considering the fact that usual practice is to fix market value per cent, I find that a market value assessed in 'cent' must reflect the reasonable market value. Accordingly, the property acquired from the claimant which is just 50 meters away from Ayur-Anchal road which is accessible by a country road and which is as good as a dry land and further which has the potential to be used for commercial activities must have a market value of not less than Rs. 4,00,000/- per cent at the relevant time. Per Are value of such a property would be Rs. 9,88,400/- per are. Therefore, the market value of the property acquired from the claimant must be Rs. 79,072/- (Rs.9,88,400 x 00.08 Ares). Point No.3 is found accordingly."
14. The finding aforementioned prima facie is based upon the guess work by ignoring the document Ext.A1 which has already been pondered by this Court for the reason that it was an exchange of property between the family 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 93 members for the purpose jacking of price in order to help the claimants to claim more compensation. The parties to the lis before the reference court are required to bring on record following/sufficient material to claim higher amount of compensation:
i) Market value prevailing at the time of notification.
ii) sale deeds few months post and before or parallel to the date of notification.
In the instant case, no such documentary evidence as noticed above has been placed on record except the sale deed of 14.08.2008 which has already been discarded in the previous judgment of this Court. The question posed before us is "whether in such circumstances, the award of the reference court fixing an amount of compensation in respect of Category IV of land as Rs.9,88,400/- is sustainable or not". The answer is "no". we have already extracted the relevant portion of the judgment whereby the amount aforementioned has been arrived at reveals that it is totally a guess work 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 94 which cannot be taken into consideration, as, the duty of the Court is not to distribute the larger but actual amount to provide justice by taking into consideration the parameters noticed above.
15. We cannot also remain unmindful of the fact that in respect of LAR No.62/2013 pertaining to category VII which has been assailed by the State in LAApp.87 of 2023, Reference Court assessed the compensation at the rate of Rs.3,20,000/-. Paragraph Nos.32, 33 and 34 of the judgment of reference court dated 24.09.2022 in LAR No.62/2013 reads as under:
32. Point No.1 and 2: The acquired land which is the basis of LAR 59/2013 comes in survey number 66/20 of Edamulakkal Village. In the notes on the award, this property is categorised as a property which is a wetland without any road access. It is included as category number viii and the land value was fixed as Rs. 15,920/- per are.
In Ext.A15 and A16 judgment the land value of wetland without road access was enhanced to Rs. 2,21,782/- per are. From the notes of award, it is clear that the property in LAR 59/2013 and Ext.A15 and A16 judgments are also in category viii. The land value of the property in Ext.A15 and A16 were also enhanced from Rs. 15,920/- per are to Rs. 2,21,782/- per are. From the evidence adduced by the 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 95 claimant it is not clear whether the property in LAR 59/2013 is identical to the property in LAR 62/2013 and LAR 63/2013. In Ext.C1 report, the property in LAR 59/2013 is reported to be next to the Ganapathy temple but 50 meters away from the Edamulackal-Anchal road. As per Ext.C1, the said property is not a wetland. Considering the fact that the property acquired in LAR 59/2013 is close to a worship place and that it is not a wetland, I find that the property acquired has a better market value than the basic document land. The basic document land is a wetland with no road access. At the same time, the acquired land in LAR 59/2013 cannot have a market value equivalent to the properties in LAR 62/2013 and LAR 63/2013. The acquired property must have a value higher than the properties covered by Ext.A15 and A16 judgments as the property mentioned in the said judgments are wetlands with no road access. Accordingly, I find that considering the potentiality of the acquired land being adjacent to the temple and the fact that it is not a wetland, I find that the market value of the acquired land in LAR 59/2013 can be Rs. 2,50,000/- per are. This is equivalent to Rs. 1,01,174/- per cent. I find that this is a reasonable price for the acquired land.
33. Point No.3 :- For the same reasons stated in point No. 3 of LAR 62/2013 and points No.3 in LAR 59/2013, this point is found against the claimant.
34. Point No.5:- In the result, the reference is answered positively. The market value of the land which was acquired in LAR 62/2013 is enhanced to Rs. 3,20,000/- per are, as per section 23(1) firstly. The claimant is entitled to 12% increase on the said enhanced 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 96 market value from the date of publication of the notification as per section 4(1) of the Land Acquisition Act, 1894 till the date of taking of possession, as per section 23(1-A) of the Land Acquisition Act, 1894. In the light of the ratio decidendi in Kolkata Metropolitan Development Authority v. Gobinda Chandra Makal and Another, AIR 2011 SC 3834, the date of publication of section 4(1) notification for the purpose of section 23 is the date of publication in the Gazette. The claimant is also entitled to 30% solatium on the market value as fixed as per section 23(1) firstly. The amount already awarded as compensation and received by the claimant shall be adjusted to the amount due as the total sum of the amounts under section 23(1) firstly, section 23(1-A) and section 23(2) of the Land Acquisition Act, 1894. The balance outstanding which is the excess compensation awarded will carry interest at the rate of 9% per annum for a period of one year from the date of taking possession of the land and for the period after one year the said excess compensation awarded will carry interest at the rate of 15% per annum, as per section 28 of the Land Acquisition Act, 1894."
16. On perusal of the above, it is evident that the Court while arriving at the figure of Rs.3,20,000/- had taken into consideration the compensation awarded in LAR 59/2013 situated in Village Edamulakkal and fixed Rs.2,50,000/- for 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 97 land belong to Category VIII and for Category VII, as Rs.3,20,000/-.
17. Adoption of belting system is impermissible in view of the judgment in Besco Limited v. State of Kerala [2023 SCC Online SC 1071] as well as Bijender and Others v. State of Haryana and Another [(2018) 11 SCC 180]. We would be relying our observation by referring to the findings of the Hon'ble Supreme Court in Bijender and Others (supra). The same reads as under:
"31) Coming first to the question as to whether the Courts below were justified in applying the "Belting System" for determining the market rates of the acquired land in question?
32) We are of the considered opinion that keeping in view the nature, extent, size, surrounding and location of the acquired land, the Courts below were justified in applying Belting System for determining the market rate of the acquired land.
33) One cannot dispute that the Belting System is a judicially accepted method for determining the fair market value of the acquired land. It is applied in appropriate cases when different parcels of lands with different survey numbers belonging to different owners and having different locations are acquired which put together comprises of a 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 98 large chunk of land. Such chunk cannot be taken as a compact block.
34) The acquired land having a frontage abutting the highway/main road always has a better value as compared to the land, which is away from the highway/main road.
Indeed, farther the land from the highway/main road, lesser the value of such land. In such a situation, where large pieces of land having different locations are acquired, Belting System is considered apposite for determining the market value of the lands. (see - Union of India & Ors. vs. Mangatu Ram & Ors. 1997 (6) SCC 59 and Andhra Pradesh Industrial Infrastructure Corporation Limited vs. G. Mohan Reddy & Ors. 2010 (15) SCC 412).
18. The purpose for which the land is acquired is only for the bypass road. In our considered view, all the land owners are entitled to identical amount of compensation by doing away with the belting system.
19. The next question which is posed before us is "what should be the equitable amount of enhanced compensation paid to the claimants considering the evidence potentiality, commerciality and other parameters". It has been seen in the past that claimants when are unable to obtain the sale deeds of close-by to the date of acquisition, 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 99 take the assistance of Advocate Commissioner for assessing the market value of the land. The Advocate Commissioner normally in their enquiry takes the opinion of people in the market and some times verify the revenue record for ascertaining the market value. But the fact remains that cannot be treated to be magna carta for the courts to arrive at a just and reasonable compensation. As already noticed above, the report of the Advocate Commissioner has already been rejected. Now we are left with the question to adopt one of the guess work arrived at by the Land Acquisition Officer in two references ie., reference No.60/13 and 62/13 whereby amount of compensation has been enhanced Rs.9,88,400/- and Rs.3,20,000/-. In other words, which would be the suitable compensation for the land owners.
20. Before answering the question we are also confronted with a situation wherein few of the respondents land owners who have not filed appeals for claiming enhanced compensation would be left in lurch, in case we deem it appropriate to allow the appeals of other similarly situated 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 100 land owners by enhancing the amount of compensation. For that the Legislature in its wisdom has protected the interest of such claimants by incorporating the provisions of Rule 33 of Order XLI of the Code of Civil Procedure. The same reads as under:
"XLI (33). Power of Court of Appeal.--The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Court notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection and may, where there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees:
Provided that the Appellate Court shall not make any order under section 35A in pursuance of any objection on which the Court from whose decree the appeal is preferred has omitted or refused to make such order.
2024:KER:85134 LA.APP. NO.75/2023 & con. cases 101
21. Law with regard to the aforementioned provision is no longer res integra as it has been held in catena of judgments that the said procedure can be always adopted while entertaining the appeal preferred by one of the parties in order to bring parity and succor to the affected parties.
22. The cumulative effect on marshaling of the facts and the observation arrived at by the reference court, we are of prima facie view that the amount of compensation assessed in LAR No.60/2013 vide judgment dated 29.10.2022 against which LAA No.75/2023 has been preferred, is on the higher side as it is not based upon any rationale or logic. In most of appeals preferred by the State, wherein the Land Acquisition Officer had fixed the amount of compensation to the tune of Rs.2,21,000/-, in our view, cannot be said to be exponentially high for the reason that the locality and potentiality are the parameters to be taken into consideration the assessing the market value of land. Thus by taking the cue from the findings of reference court in LAR No.62/13 decided on 24.09.2022 (after remand), against which State 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 102 has preferred LAA No.87/2023, whereby the amount of compensation for land belonging to category VII has been assessed as Rs.3,20,000/- (Rupees three lakhs twenty thousand only) and fix it to be the basic price in all the cases, by exercising the power under Order XLI Rule 33 as well as by accepting the appeal of the claimants seeking enhancement of compensation.
23. Thus, as an upshot of our finding, we allow the appeal bearing No.75/2023 preferred by the State and reduce the amount of compensation to Rs.3,20,000/- per Are and in all other cases, by exercising the power under Order XLI Rule 33, enhance the amount of compensation of different categories of land to Rs.3,20,000/-. All the appeals preferred by the State are dismissed except LAApp.No.75/2023 and appeals preferred by the claimants are allowed. They are entitled to compensation @Rs.3,20,000/- pr Are. This relief will be applicable to those respondents/claimants who have been arrayed as respondents in the appeals preferred by the State without any 2024:KER:85134 LA.APP. NO.75/2023 & con. cases 103 cross objection or separate appeal. Claimants are entitled to all statutory benefits with proportionate cost. They are granted two(2) months time to pay the balance court fee/any deficiency.
Sd/-
AMIT RAWAL JUDGE Sd/-
EASWARAN S. JUDGE nak