State Of Kerala v. Vrindamma Remadevi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 LA.App..No. 15 of 2014 () -------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 991/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 25-01-2012 APPELLANT/1ST RESPONDENT INLAR:

--------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

BY SR. GOVERNMENT PLEADER, SRI.R.PADMARAJ RESPONDENTS/CLAIMANT & 2ND RESPONDENT IN LAR: -------------------------

1. VRINDAMMA REMADEVI REMYA, H.NO. 136, PAZHAYA ROAD MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM - 695 011.

2. THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM - 695 011.

R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1 BY ADV. SMT.M.HEMALATHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

-------------------------------- L.A.A.No.15 OF 2014 -------------------------------- Dated this the 30th day of January, 2015

J U D G M E N T

~~~~~~~~~~~ T.R.Ramachandran Nair, J.

This appeal from the judgment in L.A.R.No.991/2009 of the 2nd Additional Sub court, Thiruvananthapuram. 2.

The land was acquired for the purpose of widening of Pattom - Medical College - Kochulloor Road by TRIDA. The extent involved is 0.10 Ares in Survey No.218/3 of Pattom Village. The notification under Section 4(1) the Act is dated 24.12.2004 and the Land Acquisition Officer awarded land value at the rate of Rs.2,39,248/- per Are. By relying upon the judgment in L.A.R.No.416/2009 the reference court enhanced the land value to Rs. 22 lakhs per Are..

3.

Learned counsel for the respondents submitted that in L.A.A.No.858/2012 from the judgment of the same court in relation to acquisition for the same purpose, this Court already

L.A.A.No.15/2014 affirmed the land value at the very same amount. In that view of the matter, there is no merit in the appeal and accordingly appeal is dismissed. No costs.

sd/- T.R.RAMACHANDRAN NAIR, JUDGE.

sd/- P.V.ASHA, JUDGE.

Ps/30/1/15 //True copy// PA to Judge