Allowed

Mohanan.T.v. v. the Special Tahsildar(La)Thalassery

Kerala HC18 Jul 2019LA.App./830/2013

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an appeal seeking enhancement of land acquisition compensation. Relying on a prior common judgment fixing the land value at Rs.7,500 per cent for the same project, the court enhanced the award to Rs.7,500 per cent.

What did the court decide?

Enhancement of the enhanced compensation rate to Rs.7,500 per cent as per the earlier common judgment. Statutory benefits provided under the Act inclusive of interest on enhanced compensation.

Mohanan.T.v. Vs the Special Tahsildar(La)Thalassery — Land Acquisition | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941

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LA.App..No.830 of 2013

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AGAINST THE ORDER/JUDGMENT IN LAR 416/2001 of ADDITIONAL SUB COURT, THALASSERY DATED 14-11-2006

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APPELLANTS/CLAIMANTS 1 TO 8,10 TO 12 & 14 TO 16:

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1 MOHANAN.T.V., S/O.LATE VENGILATTU NANI,AGED 48 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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2 PREMA T.V.

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D/O.LATE VENGILATTU NANI, AGED 46 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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3 HAREEDNRAN T.V. S/O.LATE VENGILATTU NANI,AGED 44 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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4 RAMESHAN T.V. AGED 42 YEARS S/O.LATE VENGILATTU NANI, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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5 PRAKASHAN T.V., S/O.LATE VENGILATTU NANI,AGED 40 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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6 PRABHA T.V., D/O.LATE VENGILATTU NANI,AGED 39 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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7 PUSHPAVALLY

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L.A.A.No.830/2013

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D/O.LATE VENGILATTU NANI, AGED 37 YEARS,PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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8 PRADEEPAN T.V. S/O.LATE VENGILATTU NANI,AGED 35 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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9 SAJEEV T.V. S/O.LATE VENGILATTU NANI,AGED 33 YEARS, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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10 V.LEELA (LEGAL HEIR) AGED 46 YEARS,D/O./LATE RAMUNNI, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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11 VENGILATTU GOVINDAN, AGED 44 YEARS, S/O.LATE RAMUNNI, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT 12 VENGILATTU GOKUL, AGED 37 YEARS, S/O.LATE MYTHILI, MIDHILA, DHARMADAM AMSOM AND DESOM, THALASSERY, KANNUR DISTRICT

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13	VENGILATTTU MANIVARNAN ,
	AGED 35 YEARS
	S/O.LATE MYTHILI, MIDHILA, DHARMADAM AMSOM AND DESOM,
	THALASSERY, KANNUR DISTRICT

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14 VENGILATTU MEERA , AGED 32 YEARS D/O.LATE MYTHILI, MIDHILA, DHARMADAM AMSOM AND DESOM, THALASSERY, KANNUR DISTRICT.

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15	ADDL.R15- LAKSHMANAN P.V. ,
	AGED 65 YEARS,
	S/O.V.LEELA, PADIKKILERI HOUSE, DHARMADAM AMSOM
	DESOM, THALASSERY, KANNUR.

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16 ADDL.R16-REMA P., AGED 62 YEARS, D/O.V.LEELA, PADIKKILERI HOUSE, DHARMADAM AMSOM DESOM, THALASSERY, KANNUR.

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17 ADDL.R17-REGHUNATHAN P.,

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L.A.A.No.830/2013

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AGED 58 YEARS, S/O.V.LEELA, PADIKKILERI HOUSE, DHARMADAM AMSOM DESOM, THALASSERY, KANNUR.

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18 ADDL.R18- HYMA P., AGED 53 YEARS, D/O.V.LEELA, PADIKKILERI HOUSE, DHARMADAM AMSOM DESOM, THALASSERY, KANNUR.

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19 ADDL.R19- SHANIYA P., AGED 25 YEARS (D/O. OF THE DECEASED DAUGHTER THANKAM), RESIDING AT PADIKKILERI HOUSE, DHARMADAM AMSOM DESOM, THALASSERY, KANNUR.

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APPELLANT NO. 10 DIED AND LEGAL HEIRS OF THE DECEASED 10TH APPELLANT ARE IMPLEADED AS SUPPLEMENTAL APPELLANTS 15 TO 19 AS PER ORDER DATED 28/1/2019 IN IA 1/19.

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BY ADVS.SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH)

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RESPONDENTS/RESPONDENTS & CLAIMANTS 9, 13 & 17:

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1 THE SPECIAL TAHSILDAR(LA)THALASSERY THALASSERY-670 101.

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2 THE DIRECTOR OF TOURISM PARK VIEW, THIRUVANANTHAPURAM-695 011.

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3 PRASANTH T.V. (NAME CORRECTED) S/O./VENGILATTU NANI, PADIKKILERI HOUSE, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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NAME OF THE 3RD RESPONDENT IN THE CAUSE TITLE IS CORRECTED AS 'PRASEETHA T.V. INSTEAD OF PRASHANTH T.V.' VIDE ORDER DATED 18.03.2019 IN I.A.NO.7/2019.

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4 VENGILATTU RADHA, D/O.LATE RAVUNNI, ARAKKAL VEEDU P.O., MALUR, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM, THALASSERY, KANNUR DISTRICT.

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5 V.DEVAKI, D/O.LATE RAVUNNI, ARAKKAL VEEDU P.O., MALUR, DHARMADAM AMSOM AND DESOM, P.O.DHARMADAM,

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L.A.A.No.830/2013

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THALASSERY, KANNUR DISTRICT.

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(DIED AND LEGAL HEIRS IMPLEADED AS R 6-10)

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SUPPLEMENTAL R6-R10

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6 PRASADAN V., AGED 65,S/O.V.DEVAKI,RAMKALA, DHARMADAM AMSOM DESOM, THALASSERY,KANNUR-670 101.

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7 PRASANNA V., AGED 63 YEARS,D/O.V.DEVAKI,RAMKALA, DHARMADAM AMSOM DESOM, THALASSERY,KANNUR-670 101.

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8 SHOBHANA,

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AGED 58 YEARS,D/O.V.DEVAKI,RAMKALA, DHARMADAM AMSOM DESOM, THALASSERY,KANNUR-670 101.

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9 JAYAVANI, AGED 55 YEARS,D/O.V.DEVAKI,RAMKALA, DHARMADAM AMSOM DESOM, THALASSERY,KANNUR-670 101.

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10 DEVARCHITHAN, AGED 54 YEARS,S/O.V.DEVAKI,RAMKALA, DHARMADAM AMSOM DESOM, THALASSERY,KANNUR-670 101.

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RESPONDENT NO. 5 DIED AND LEGAL HEIRS OF THE DECEASED R5 ARE IMPLEADED AS SUPPLEMENTAL R6-10 VIDE ORDER DATED 18.03.2019 IN I.A.NO.6./2019.

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BY ADVS.GOVERNMENT PLEADER SRI SYAMJI RAM SRI.PRAJIT RATNAKARAN

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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L.A.A.No.830/2013

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C.K.ABDUL REHIM

R.NARAYANA PISHARADI,JJ.

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= = = = = = = = = = = = = = = = = =

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L.A.A. No.830 of 2013

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- - - - Dated this the 18^th day of July,2019

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J U D G M E N T

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C.K.ABDUL REHIM, J.

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Claimants No.1 to 8, 10 to 12 and 14 to 16 in L.A.R. No.416 of 2001 on the files of the Additional Sub Court, Thalassery are the appellants, seeking enhancement of the compensation awarded.

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An extent of 0.2997 Hectares of land situated in Dharmadam Village was acquired for the purpose of “Dharmadam Tourism Project” under the State Tourism Department, by virtue of a Notification published under Section 4(1) of the Land Acquisition Act, 1894(hereinafter referred to as 'the Act') on 27.10.1998. The Land Acquisition Officer awarded compensation by fixing the land value at the rate of Rs.2,250/- per cent. In a reference made under Section 18 of the Act, the court below had re-fixed the compensation at the rate of Rs.4,000/- per cent. In the above

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L.A.A.No.830/2013

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appeal the appellants are seeking further enhancement.

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It is brought to our notice that two appeals, L.A.A. Nos.1706 and 1707 of 2007, which are cases arising out of the very same acquisition were already disposed by this court through a common judgment, dated 21^st December, 2009. It is conceded by both sides that the acquisition covered under the above said judgment was also for the same purpose, by virtue of the same Notification. It is also conceded that the rate of land value awarded in those cases by the Land Acquisition Officer as well as by the reference court are the same rates as awarded in the present case. It is noticed that, by virtue of the said judgment this court had re-fixed the land value at Rs.7,500/- per cent. Therefore, we are of the opinion that the appellants in this case are also entitled for the same rate of enhancement.

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Hence the above Land Acquisition Appeal is hereby allowed to the extent of awarding compensation by enhancing the land value to Rs.7,500/- per cent. The appellants will be entitled for the enhanced compensation with respect to their share in the acquired property. They will also be entitled for all statutory benefits provided under the Act with respect to

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L.A.A.No.830/2013

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the enhanced compensation due to them, except interest due on the enhanced compensation for the period of 2298 days with respect to which the delay in filing the above appeal was condoned through the order passed by this court, on 10^th July,2019.

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Sd/-

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C.K.ABDUL REHIM JUDGE

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Sd/-

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R. NARAYANA PISHARADI

JUDGE

DST

//True copy//

P.A.To Judge

Mohanan.T.v. v. the Special Tahsildar(La)Thalassery

Case brief

What is this about?

What did the court decide?

Mohanan.T.v. v. the Special Tahsildar(La)Thalassery

Case brief

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What did the court decide?

What the court decided

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