High Court of KeralaLA.App./643/2012disposed of

State Of Kerala v. R.Perumal

2015-09-09Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr.Justice K.Harilal7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 LA.App..No. 643 of 2012 () --------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 287/2007 of II ADDL.SUB COURT,TRIVANDRUM DATED 16-07-2008 APPELLANT(S):

-------------- STATE OF KERALA REP.BY DIST.COLLECTOR, THIRUVANANTHAPURAM BY ADV.L.ALOYSIUS THOMAS,SENIOR GOVERNMENT PLEADER RESPONDENT(S):

----------------------------

1. R.PERUMAL TC NO 24/209, SASTHA GARDENS, THYCAUD THIRUVANANTHAPURAM-695001

2. RAJA LEKSHMI TC NO 24/209, SASTHA GARDENS, THYCAUD THIRUVANANTHAPURAM-695001

3. P.RAMA SUBBU TC NO 24/209, SASTHA GARDENS, THYCAUD THIRUVANANTHAPURAM-695001

4. P.RAMAKRISHNAN TC NO 24/209, SASTHA GARDENS, THYCAUD THIRUVANANTHAPURAM-695001

5. P.L.VENKIDESH TC NO 24/209, SASTHA GARDENS, THYCAUD THIRUVANANTHAPURAM-695001

6. P.RAMESH TC NO 24/209, SASTHA GARDENS, THYCAUD THIRUVANANTHAPURAM-695001

7. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM, PIN-695001 R1-R6 BY ADV. SRI.LAL GEORGE R3 BY ADV. SMT.M.J.INDUJA R7 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA R1-R6 BY ADV. SMT.LAKSHMI V.PARAMESWARAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R.RAMACHANDRA MENON, J.

& K.HARILAL, J.

----------------------------------------- L.A.A.NO.643 OF 2012 ---------------------------------------- Dated this the 9th day of September, 2015

JUDGMENT

P.R.RAMACHANDRA MENON, J.

The appeal has been preferred by the State challenging the judgment and decree in LAR No. 287/07 on the file of Sub Court, Thiruvananthapuram mainly on the ground that the land value enhanced by the reference court is exorbitant and is liable to be set aside.

Heard the Government Pleader as well as the learned counsel appearing for the respondents/claimants.

The property having an extent of 3.78 Ares in Thycaud Village in Thiruvananthapuram Taluk, belonging to the claimants was acquired for widening of the road from Panavila junction to Thampanoor, pursuant to the notification under the Land Acquisition Act published on 30.09.2004. The award was passed by the Land Acquisition Officer fixing the land value @ Rs.2,47,000/- per Are, which on reference was enhanced by the reference court, refixing the land value as Rs.27,16,998/- per Are, placing reliance on Ext.A2 common judgment. It is stated that there is absolutely no rhyme or reason to have enhanced the land value to the said extent and hence the appeal. 4.

During the course of hearing, it is brought to the notice of this Court that exactly similar issue in respect of the nearby land covered by the very same notification and

forming the subject matter of LAR 297/07 of the IInd Additional Sub Court, Thiruvananthapuram was sought to be challenged by the State by filing LAR No.113/2013. After hearing both the sides and also considering the verdict passed in respect of the similar land covered by different judgments, the land value was re-fixed following the judgment in LAA No.2008/2008; thus refixing the land value to Rs.21,60,000 per Are. The learned counsel for the appellant submits that the matter has become final by virtue of the proceedings as aforesaid and that the same course could be pursued in this case as well.

In the above facts and circumstances, it is declared that the claimants are entitled to have the land value at Rs.21,60,000 per Are in respect of the land covered by LAR 297/07 of the IInd Additional Sub Court, Thiruvananthapuram, forming the subject matter of this

appeal. Needless to say that the claimants are also entitled to have all statutory benefits in accordance with law. The appeal stands disposed of as above.

Sd/- P.R.RAMACHANDRA MENON, JUDGE sd/- K.HARILAL, JUDGE sks The following corrections are effected in the judgment dated 9.9.2015 in LAA No.643/2012, vide order dated 16.12.2015 in LAA 643/2012.

"LAR No.297/2007 occuring in the first sentence in the 5th paragraph, in page No.3 is corrected as "LAR No.287/2007" and the terms "LAR No.113/13" occuring in the 6th line of 4th paragraph, in page No.3 is corrected as"LAA No.113/13". Sd/- Registrar (Judicial)