State Of Kerala v. P.Vidhyadharan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 LA.App..No. 768 of 2011 () --------------------------- AGAINST THE JUDGMENT IN LAR 63/2008 of SUB COURT,NEYYATTINKARA DATED 09-04-2010 APPELLANT/RESPONDENT IN LAR:

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

BY GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENT/CLAIMANT IN LAR:

------------------------------------------------------------ P.VIDHYADHARAN 'AMBADI', KIDARAKUZHI, KIDARAKUZHI P.O.

VENGANOOR, THIRUVANANTHAPURAM-695 523 (DIED) ADDITIONAL RESPONDNETS 2.

VASANTHI K., W/O P.VIDHYADHARAN AMBADI, KIDARAKUZHI P.O., VENGANOOR THIRUVANANTHAPURAM 3.

ANEESH V., S/O P.VIDHYADHARAN AMBADI, KIDARAKUZHI P.O., VENGANOOR THIRUVANANTHAPURAM 4.

ARYA V.,D/O P.VIDHYADHARAN AMBADI, KIDARAKUZHI P.O., VENGANOOR THIRUVANANTHAPURAM 5.

MEENAKSHI, M/O P.VIDHYADHARAN AMBADI, KIDARAKUZHI P.O., VENGANOOR THIRUVANANTHAPURAM LEGAL HEIRS OF DECEASED SOLE RESPONDENT ARE IMPLEADED VIDE ORDER DATED 20.2.2015 IN I.A.NO.1387/2013 ADDL.2 -R 5 BY ADV. SRI.G.SUDHEER THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.768 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the State aggrieved by the judgment in L.A.R.No.63/2008 of the Sub Court, Neyyattinkara. 2.

The property was acquired for the construction of bye-pass from Mukkola-Kanjiramkulam Reach I and the notification under Section 4(1) was published on 5.1.2005. The land value has been awarded by the land acquisition officer @ `56,530/- per Are. The Reference Court has refixed the same to `1,41,335/- per Are. 3.

We heard the learned Senior Government Pleader for the State and the learned counsel for the claimant. 4.

The reference court relied upon Ext.A1, copy of the judgment in L.A.R.No.17/2007, which relates to the very same acquisition. Therein, the notification under Section 4(1) was on 5.1.2005 and the reference court relied upon the same for enhancing the

LAA No.768/2011 land value. Therein also, value was enhanced 2 1⁄2 times than the value fixed by the land acquisition officer. It is informed that no appeal has been filed against the said judgment and it has become final. Since the relied upon judgment has become final, there is no reason to interfere with the present judgment also. Accordingly, the appeal is dismissed.

T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.

LAA No.768/2011