Partly allowed

State of Kerala v. M.C.Vasudevan Namboodiri

Kerala HC23 Dec 2022LA.App./261/2016

Case brief

AI extract

What is this about?

Batch of 162 land acquisition appeals and cross objections arising from acquisitions for widening the Kovoor-Vellimadukunnu Road in Kozhikode. The court upheld treating the acquired strip as garden land, rejected the basis sale document as incomparable, enhanced compensation to Rs.4,50,000 per cent, and directed 12% additional land value be paid up to the date of taking possession.

What did the court decide?

Compensation enhanced and refixed to Rs.4,50,000 per cent (Rs.5,00,000 per cent in C.O.17/22 and C.O.148/2022) with statutory benefits and costs; 12% additional land value from Section 4(1) notificati

State of Kerala Vs M.C.Vasudevan Namboodiri — Land Acquisition | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶6

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶7

LA.APP. NO. 63 OF 2018

¶8

[AGAINST THE JUDGMENT AND DECREE DATED 12.06.2014 IN LAR 62/2012 OF SUB COURT, KOZHIKODE]

¶9

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶10

THE SPECIAL TAHASILDAR (LA)

¶11

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶12

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶13

RESPONDENTS/CLAIMANT & RESPONDENTS 2 & 3 IN L.A.R.:

¶14

1 M.PRASANNA, D/O.O.AMMINI, "REMA COTTAGE", MORIKKARA.P.O, KAKKODI VILLAGE, KAKKODI DESOM, KOZHIKODE TALUK-673611.

¶15

2 THE CHIEF OPERATING OFFICER,

¶16

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695011.

¶17

3 THE CO-ORDINATOR, PWD, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE-673001.

¶18

BY ADVS.

¶19

SRI.S.M.PRASANTH FOR R1 SRI.T.H.ARAVIND FOR R1

¶20

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD- R2 & R3

¶21

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.275/2015 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶22

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶23

:-2:-

¶24

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶25

PRESENT

¶26

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶27

¶28

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶29

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶30

LA.APP. NO. 275 OF 2015

¶31

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 120/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶32

APPELLANT/1ST RESPONDENT IN LAR:

¶33

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE - 673 633.

¶34

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶35

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN LAR:

¶36

1 E.K.AHAMMED S/O. MOIDEEN KOYA, VIRIPPIL HOUSE, CHEVAYOOR P.O., NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK - 673017.

¶37

2 THE CHIEF ENGINEER

¶38

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695023.

¶39

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673633.

¶40

BY ADVS.

¶41

SRI.K.JAYESH MOHANKUMAR} FOR R1 SRI.PUSHPARAJAN KODOTH } FOR R1 SRI.T.SETHUMADHAVAN (SR.)} FOR R1

¶42

SRI.ZAKIR HUSSAIN,SC FOR KERALA ROAD FUND BOARD,FOR R2 & R3

¶43

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶44

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶45

:-3:-

¶46

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

¶48

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶49

¶50

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶51

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶52

LA.APP. NO. 300 OF 2015

¶53

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 102/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶54

APPELLANT/1ST RESPONDENT IN LAR:

¶55

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶56

BY ADVS.

¶57

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶58

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN LAR:

¶59

1 RAJASEKHARAN NAIR, S/O.LATE DAKSHAYANI AMMA, 'SIVAN HOUSE', THAZHE PUTHUSSERY PARAMBA, CHEVAYUR PO, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE-673017

¶60

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶61

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020

¶62

BY ADVS.SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶63

SRI.ZAKIR HUSSAIN, SC FOR KERALA ROAD FUND BOARD R2 & R3

¶64

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶65

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶66

:-4:-

¶67

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶68

PRESENT

¶69

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶70

¶71

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶72

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶73

LA.APP. NO. 321 OF 2015

¶74

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 71/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶75

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶76

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP,KOZHIKODE.

¶77

BY ADVS. BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶78

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN L.A.R.:

¶79

1 P.T.ALI, S/O KASMI, 33/222B, RAFA HOUSE, ARAYATHPADAM NILAM PARAMBA, MEDICAL COLLEGE.P.O, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE-673017.

¶80

2 THE CHIEF ENGINEER

¶81

PWD, KERALA ROAD FUND BOARD,THIRUVANANTHAPURAM-695001.

¶82

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶83

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2& R3

¶84

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶85

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶86

:-5:-

¶87

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶88

PRESENT

¶89

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶90

¶91

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶92

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶93

LA.APP. NO. 345 OF 2015

¶94

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 124/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶95

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶96

THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶97

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶98

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶99

1 T.K.MUHAMMED

¶100

S/O.SAIDALI, VIRUPPIL HOUSE, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK 673001

¶101

2 THE CHIEF ENGINEER

¶102

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695001

¶103

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE 673020

¶104

BY ADVS.SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶105

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶106

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶107

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶108

:-6:-

¶109

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶110

PRESENT

¶111

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶112

¶113

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶114

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶115

LA.APP. NO. 365 OF 2015

¶116

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 125/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶117

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶118

THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶119

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶120

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN L.A.R.:

¶121

1 PULPARAMBIL GIRIJA

¶122

W/O.JANARDHANAN NAIR, 'AISWARYA', PUTHUSSERY HOUSE, VELLARAKKATTUPOYIL PARAMBA, NELLIKODE VILLAGE, KOVOOR DESOM, CHEVAYUR P.O., KOZHIKODE TALUK-673 017.

¶123

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶124

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 001.

¶125

BY ADVS.SRI.T.SETHUMADHAVAN (SR.) FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD FOR R2

¶126

SRI.PUSHPARAJAN KODOTH FOR R1

¶127

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶128

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶129

:-7:-

¶130

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶131

PRESENT

¶132

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶133

¶134

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶135

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶136

LA.APP. NO. 367 OF 2015

¶137

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 126/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶138

APPELLANT/1ST RESPONDENT IN LAR:

¶139

THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶140

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶141

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN LAR:

¶142

1 DILEEF V., S/O.KALATHANKOYA, VADAKKANCHERY HOUSE, NEAR GOVT.HIGH SCHOOL, CHERUVANNUR AMSOM, DESOM, P.O.KOLATHARA, KOZHIKODE - 673655.

¶143

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695001.

¶144

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶145

BY ADVS.

¶146

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶147

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶148

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶149

:-8:-

¶150

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶151

PRESENT

¶152

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶153

¶154

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶155

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶156

LA.APP. NO. 384 OF 2015

¶157

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 121/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶158

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶159

THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP,KOZHIKODE.

¶160

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER BY ADDL.ADVOCATE GENERAL

¶161

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN L.A.R.:

¶162

1 T.K.MUHAMMED S/O.SAIDALI, VIRUPPIL HOUSE, NELLIKODE VILLAGE,KOVOOR DESOM, KOZHIKODE TALUK-673016

¶163

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD THIRUVANANTHAPURAM - 695001

¶164

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673020

¶165

BY ADVS. SRI.K.JAYESH MOHANKUMAR} FOR R1 SRI.PUSHPARAJAN KODOTH} FOR R1 SRI.T.SETHUMADHAVAN SR.} FOR R1 SRI.ZAKIR HUSSAIN, SC FOR KERALA ROAD FUND BOARD FOR R2&R3

¶166

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶167

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶168

:-9:-

¶169

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶170

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 433 OF 2015

¶171

[AGAINST THE JUDGMENT AND DECREE DATED 25.03.2015 IN LAR 130/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶172

APPELLANT/1ST RESPONDENT IN LAR:

¶173

THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶174

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶175

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶176

1 T.P.HUSSAIN KUTTY, S/O. T.P.MUHAMMED KOYA, VALIYA PARAMBIL PUTHUVAYA,NILAM PARAMBA, P.O.MERIKKUNNU, PIN673 012.

¶177

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 004.

¶178

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673 020.

¶179

BY ADVS.

¶180

SRI.T.SETHUMADHAVAN SR. FOR R1

¶181

SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶182

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD- R2

¶183

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶184

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶185

:-10:-

¶186

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶187

PRESENT

¶188

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶189

¶190

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶191

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶192

LA.APP. NO. 434 OF 2015

¶193

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 93/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶194

APPELLANT/1ST RESPONDENT IN LAR:

¶195

STATE OF KERLA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶196

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶197

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶198

1 M.SHAHINA W/O.MAMMED KOYA, THAJPALACE, N.M.PALATH, P.O.CHEVAYOOR, KOZHIKODE TALUK-673 017.

¶199

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVNANANTHAPURAM-695 001.

¶200

3 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶201

BY ADV SRI.SALIL NARAYANAN.K.A. FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶202

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶203

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶204

:-11:-

¶205

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶206

PRESENT

¶207

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶208

¶209

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶210

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶211

LA.APP. NO. 435 OF 2015 [AGAINST THE JUDGMENT AND DECREE DATED 25.03.2015 IN LAR 129/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶212

APPELLANT/1ST RESPONDENT IN LAR:

¶213

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(L.A.), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶214

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶215

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶216

1 K.V.SUBRAMANIAN, S/O. KALATHIL VALIYAPURAKAL CHATHUKKUTTY, RESIDING AT MADHURIMA HOUSE, MERIKKUNNU P.O., PIN-673 012.

¶217

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 004.

¶218

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673 020.

¶219

BY ADVS. SRI.T.SETHUMADHAVAN (SR.) FOR R1

¶220

SMT.DEEPA NARAYANAN FOR R1

¶221

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶222

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2&R3

¶223

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶224

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶225

:-12:-

¶226

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶227

PRESENT

¶228

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶229

¶230

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶231

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶232

LA.APP. NO. 438 OF 2015

¶233

[AGAINST THE JUDGMENT AND DECREE DATED 25.03.2015 IN LAR 131/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶234

APPELLANT/1ST RESPONDENT IN LAR:

¶235

THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶236

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶237

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶238

1 M.P.EAWARAN, S/O. M.P.DAMODARAN NAMBOODIRI, DEVI PRASADAM HOUSE,NAYIPANANGATT NILAMPARAMBU, MERIKUNNU P.O., PIN.673 012.

¶239

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 004

¶240

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673 020.

¶241

BY ADVS.

¶242

SRI.T.SETHUMADHAVAN SR. SMT.DEEPA NARAYANAN SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH

¶243

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD R2 & R3

¶244

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶245

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶246

:-13:-

¶247

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶248

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶249

LA.APP. NO. 439 OF 2015

¶250

[AGAINST THE JUDGMENT AND DECREE DATED 25.03.2015 IN LAR 101/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶251

APPELLANT/1ST RESPONDENT IN LAR:

¶252

THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶253

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶254

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶255

1 CHAKKARATHKANDY JAYARAJAN S/O.KUMARAN, KRISHNASREE HOUSE, THAZHE PUTHUVAYA NILAM PARAMBA, MERIKKUNNU P.O, CHEVAYUR VILLAGE,CHEVAYUR DESOM, KOZHIKODE TALUK, PIN - 673020

¶256

2 SUDHA, D/O.CHAKKALI SAMIKUTTY KRISHNASREE HOUSE, THAZHE PUTHUVAYA NILAM PARAMBA, MERIKKUNNU P.O, CHEVAYUR VILLAGE, CHEVAYUR DESOM, KOZHIKODE TALUK, PIN - 673020

¶257

3 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695004

¶258

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE, PIN - 673001

¶259

BY ADVS.SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶260

SRI.ZAKIR HUSSAIN STANDING COUNSEL FOR R3 & R4.

¶261

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶262

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶263

:-14:-

¶264

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶265

PRESENT

¶266

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶267

¶268

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶269

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶270

LA.APP. NO. 446 OF 2015

¶271

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 113/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶272

APPELLANT/1ST RESPONDENT IN LAR:

¶273

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶274

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶275

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN LAR:

¶276

1 P.T.SETHUMADHAVAN, S/O.LATE MADHAVAN NAIR, UDAYAMANGALAM HOUSE, CHELAVOOR VILLAGE, MAYANAD DESOM, P.O.MEDICAL COLLEGE, KOZHIKODE 673 020.

¶277

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶278

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.

¶279

BY ADVS.

¶280

SRI.T.SETHUMADHAVAN SR. FOR R1

¶281

SMT.DEEPA NARAYANAN FOR R1

¶282

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SHRI.K.V.MANOJ KUMAR, SC FOR R2

¶283

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶284

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶285

:-15:-

¶286

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶287

PRESENT

¶288

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶289

¶290

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶291

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶292

LA.APP. NO. 447 OF 2015

¶293

[AGAINST THE JUDGMENT AND DECREE DATED 25.03.2015 IN LAR 133/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶294

APPELLANT/1ST RESPONDENT IN LAR:

¶295

THE SPECIAL TAHASILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶296

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶297

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶298

1 K.MUHAMMED, S/O. MOYIN, 'TERMINUS', P.O.MERIKKUNNU, PIN - 673 012, CHEVAYUR VILLAGE.

¶299

2 SULEIKHA, D/O. K.V.SAINUDHEEN, 'TERMINUS', P.O.MERIKKUNNU, PIN - 673 012, CHEVAYUR VILLAGE

¶300

3 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPRUAM - 695 004.

¶301

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673 020.

¶302

SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.DEEPA NARAYANAN FOR R1

¶303

SRI.K.JAYESH MOHANKUMAR FOR R1

¶304

SRI.PUSHPARAJAN KODOTH FOR R1 SRI.ZAKIR HUSSAIN, SC FOR R3 & R4

¶305

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶306

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶307

:-16:-

¶308

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶309

LA.APP. NO. 453 OF 2015

¶310

[AGAINST THE JUDGMENT AND DECREE DATED 25.3.2015 IN LAR 56/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶311

APPELLANT:

¶312

THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶313

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶314

RESPONDENTS:

¶315

1 T.P.SAINUDHEEN S/O. T.P.HUSSAIN KUTTY, VALIYA PARAMBIL PUTHUVAYA, NILAM PARAMBA, MERIKKUNNU P.O., PIN-673 012.

¶316

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 001.

¶317

3 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673 001.

¶318

BY ADVS. SRI.K.JAYESH MOHANKUMAR} FOR

¶319

SRI.PUSHPARAJAN KODOTH} FOR R1 SRI.T.SETHUMADHAVAN SR.} FOR R1

¶320

SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD,R2 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD, R3

¶321

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶322

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶323

:-17:-

¶324

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶325

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶326

LA.APP. NO. 462 OF 2015 [AGAINST THE JUDGMENT AND DECREE DATED 25.03.2015 IN LAR 68/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶327

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶328

THE SPECIAL TAHSILDAR (L.A.), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶329

BY ADVS. BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶330

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶331

1 DR. SARATH PARIYADATH, S/O.K.SASIDHARAN, 33/2223A1, PATRONIC ROAD, P.O.MERIKKUNNU, CHEVAYUR, REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER, SRI.K.SASIDHARAN, S/O.AYYAPPAN, 33/2223A1, PATRONIC ROAD, P.O.MERIKKUNNU-673012.

¶332

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM695004.

¶333

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020.

¶334

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶335

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶336

:-18:-

¶337

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶338

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶339

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶340

:-19:-

¶341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶342

PRESENT

¶343

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶344

¶345

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶346

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶347

LA.APP. NO. 13 OF 2017

¶348

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 34/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶349

APPELLANTS/RESPONDENTS 1&2 IN LAR :

¶350

1 STATE OF KERALA

¶351

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶352

2 SPECIAL TAHSILDAR (LA)

¶353

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶354

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶355

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶356

1 RAJESH CHANDRASEKHARAN KARIMBAYIL HOUSE, MAYANAD.

¶357

2 JAGADHEESH S/O. THIKKOJI, RAO, JAWAHAR NAGAR COLONY, ERANHIPALAM.

¶358

3 JAMAL SAYID MUHAMMED S/O. KADAR, CHAKKIYATH HOUSE, CHAVAKAD P.O, GURUVAYOOR VILLAGE.

¶359

4 THE MANAGER UCO BANK, CALICUT ON BEHALF OF SRI. N. ANAND, S/O. V.V. NARAYANA, AMMANGATHU PARAMBA, KOZHIKODE.

¶360

5 THE MANAGER HDFC LTD, KOZHIKODE ON BEHALF OF SRI. RAJESH CHANDRESEKHARAN OF KARIMBAYIL HOUSE, CHEVAYOOR.

¶361

6 SRI THEKKEDATH VARGHESE VINU MATHEW

¶362

:-20:-

¶363

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶364

THEKKEDATH HOUSE, MAYANAD, CHEVAYOOR.

¶365

7 SMT. THANKAMMA MATHEW W/O. VINUR MATHEW,THEKKEDATH HOUSE, MAYANAD, CHEVAYOOR.

¶366

8 JUSTINE S/O. NAGAR, KARIMBAYIL THAZHAM, CHEVAYOOR P.O.

¶367

9 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM.

¶368

10 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.

¶369

BY ADVS. SRI.T.SETHUMADHAVAN (SR.) FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD-R9 SHRI.ABIMALEK C VALSAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶370

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶371

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶372

:-21:-

¶373

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶374

PRESENT

¶375

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶376

¶377

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶378

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶379

LA.APP. NO. 28 OF 2017

¶380

[AGAINST JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 293/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶381

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶382

1 THE DISTRICT COLLECTOR, KOZHIKODE.

¶383

2 THE SPECIAL TAHSILDAR (LA)

¶384

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶385

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶386

RESPONDENTS/CLAIMANT & RESPONDENTS 3&4 IN L.A.R.:

¶387

1 N.ANAND,S/O.V.V.NARAYANAN, RESIDING AT APARTMENT NO.A3, CHEMBAKASSERY THAZHAM THEKKE, OOZNU NILAM PARAMBA, CHEVAYOOR P.O, PIN -673 017.

¶388

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695003

¶389

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020

¶390

BY ADV SHRI.K.V.MANOJ KUMAR, SC FOR R2

¶391

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶392

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶393

:-22:-

¶394

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶395

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶396

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶397

LA.APP. NO. 513 OF 2015

¶398

[AGAINST THE JUDGMENT AND DECREE DATED 29.10.2013 IN LAR 76/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶399

APPELLANT/RESPONDENT IN LAR:

¶400

THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶401

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶402

RESPONDENTS/CLAIMANTS IN LAR:

¶403

1 IMBICHAYISHA, W/O.MAMMED KOYA HAJI, KANDANCHATHANARI, MEDICAL COLLEGE PO, NELLIKODE VILLAGE, KOVOOR, KOZHIKODE

¶404

2 THE CHIEF ENGINEER PWD, KRFB, THIRUVANANTHAPURAM - 695001 3 THE ASST. EXECUTIVE ENGINEER PWD, KCRIP, KOZHIKODE - 673001 BY ADVS. SRI.K.M.FIROZ- FOR R1 SRI.S.KANNAN – FOR R1 SMT.M.SHAJNA – FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶405

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶406

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶407

:-23:-

¶408

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶409

PRESENT

¶410

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶411

¶412

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶413

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶414

LA.APP. NO. 51 OF 2017

¶415

[AGAINST THE JUDGMENT AND DECREE DATED 28.11.2015 IN LAR 266/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶416

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶417

1 THE DISTRICT COLLECTOR, KOZHIKODE

¶418

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶419

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶420

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶421

1	IMBICHAMINA,
	W/O HAMZA, KARAPUZHAYIL	HOUSE, P.O.MERIKUNNU - 673020
2	BEERAN KOYA, S/O HAMZA, KARAPUZHAYIL	HOUSE, P.O.MERIKUNNU- 673020
3	ALIKOYA, S/O HAMZA, KARAPUZHAYIL	HOUSE, P.O.MERIKUNNU- 673020
4	MUHAMMED, S/O HAMZA, KARAPUZHAYIL	HOUSE, P.O.MERIKUNNU- 673020
5	AYISHA, D/O HAMZA, KARAPUZHAYIL	HOUSE, P.O.MERIKUNNU- 673020
6	ABDUL MAJEED, S/O HAMZA,KARAPUZHAYIL	HOUSE, P.O.MERIKUNNU- 673020
7	MOIDEEN KOYA,

¶422

:-24:-

¶423

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶424

	S/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
8	FATHIMA, D/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
9	SUBAIDA, D/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
10	NAFEESA, D/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
11	HANEEFA, S/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
12	NASEEMA, D/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
13	FAISAL, S/O HAMZA, KARAPUZHAYIL HOUSE, P.O.MERIKUNNU- 673020
14	THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM- 695004
15	THE CO-ORDINATOR (KOZHIKODE), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE- 673020
	BY ADVS. SRI.V.T.MADHAVANUNNI FOR R1 TO R13 SRI.M.VIVEK RABINDRANATH FOR R1 TO R13 SRI.V.RAJASEKHARAN NAIR, SC,KERALA ROAD FUND BOARD FOR R14& R15
THIS	LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
10.11.2022 COURT ON 23	ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE .12.2022 DELIVERED THE FOLLOWING:

¶425

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶426

:-25:-

¶427

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶428

PRESENT

¶429

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶430

¶431

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶432

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶433

LA.APP. NO. 68 OF 2017

¶434

[AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR 128/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶435

APPELLANT/RESPONDENT IN LAR:

¶436

THE SPECIAL TAHSILDAR (LA), KOZHIKOE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶437

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶438

RESPONDENTS/CLAIMANT & RESPONDENTS 2&3 IN LAR:

¶439

1 KAMALAKSHY AMMA, D/O.KALLYANI AMMA, PARAMBATH THOOVATH HOUSE, CHEVAYUR,PIN-673017.

¶440

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003.

¶441

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE, PIN-673020.

¶442

BY ADV SRI.M.KRISHNAKUMAR FOR R1 SRI.V.RAJASEKHARAN NAIR, SC FOR R2 & R3

¶443

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶444

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶445

:-26:-

¶446

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶447

PRESENT

¶448

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶449

¶450

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶451

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶452

LA.APP. NO. 105 OF 2017

¶453

[AGAINST THE JUDGMENT AND DECREE DATED 30.06.2016 IN LAR 292/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶454

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶455

1 THE DISTRICT COLLECTOR, KOZHIKODE.

¶456

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶457

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.RANJITH THAMPAN, ADDL. ADVOCATE GENERAL

¶458

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN L.A.R.:

¶459

1 C.C. JAMES, CHOWALLUR HOUSE, PERAKAM, CHAVAKKAD VIA. - 680506

¶460

2 LISSY ANTONY, KOLANGARA HOUSE, ERUMAPETTY P.O., PAYYOTTUMURI, KUNNAMKULAM, THRISSUR-680584

¶461

3 C.C. SEBASTIAN, CHOWALLUR HOUSE, PALLIMALAKKUNNU, KOTTOOLI P.O.-673016

¶462

4 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM.- 695004

¶463

5 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.-673020

¶464

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶465

:-27:-

¶466

BY ADVS. SRI.K.V.SURESH FOR R1 TO R3 SRI.K.V.SANOSH FOR R1 TO R3 SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARDFOR R4 & R5

¶467

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶468

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶469

:-28:-

¶470

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶471

PRESENT

¶472

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶473

¶474

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶475

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶476

LA.APP. NO. 198 OF 2017

¶477

[AGAINST THE JUDGMENT & DECREE DATED 17.12.2015 IN LAR 62/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶478

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶479

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE

¶480

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,KOZHIKODE

¶481

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.RANJITH THAMPAN, ADDL. ADVOCATE GENERAL

¶482

RESPONDENTS/CLAIMANTS AND RESPONDENTS 3&4 IN LAR:

¶483

*1 P.K.RAJESWARI, W/O. A.V NANDANAM, KAIRALI HOUSE, KAIPRATH PARAMBA, CHEVAYOOR 673 017

¶484

(DIED AND ARE LEGAL HEIRS RECORDED)

¶485

2 P.K SUDHEER VARMA, AGED 45 YEARS, S/O. P.K RAJESWARI, KAIRALI HOUSE, KAIPRATH PARAMBA, CHEVAYOOR, CHEVAYOOR AMSOM DESOM, KOZHIKODE TALUK 673 017

¶486

3 P.K SUNIL VARMA, AGED 43 YEARS, S/O. P.K RAJESWARI, SREEDHANYAM HOUSE, PUTHUVAYAL NILAM PARAMBA P.O,,CHEVAYOOR, CHEVAYOOR AMSOM DESOM,,KOZHIKODE TALUK 673 017

¶487

4 P.K SUJITH VARMA, AGED 40 YEARS, S/O. P.K RAJESWARI, SREELAKSHMI HOUSE,,KANIYARATH, THAZHAM POTTAPARAMBA P.O CHEVAYOOR, CHEVAYOOR AMSOM DESOM,,KOZHIKODE TALUK 673 017

¶488

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶489

:-29:-

¶490

5 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM 695 004

¶491

6 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE 673 020

¶492

* (IT IS RECORDED THAT THE 1ST RESPONDENT DIED AND RESPONDENTS 2 TO 4 ARE THE LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT VIDE ORDER DT. 6/11/17 IN MEMO VIDE CF3155/17 DT. 31/10/17.

¶493

BY ADVS.

¶494

SRI.T.SETHUMADHAVAN SR. FOR R2 & R4 SRI.K.JAYESH MOHANKUMAR FOR R2 & R4 SRI.PUSHPARAJAN KODOTH FOR R2 & R4

¶495

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R5 & R6

¶496

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶497

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶498

:-30:-

¶499

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶500

PRESENT

¶501

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶502

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶503

LA.APP. NO. 278 OF 2017

¶504

[AGAINST THE JUDGMENT AND DECREE DATED 30.07.2016 IN LAR 75/2015 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶505

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶506

1 DISTRICT COLLECTOR, KOZHIKODE

¶507

2 SPECIAL TAHSILDAR (LA), KCRIP

¶508

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.RANJITH THAMPAN, ADDL. ADVOCATE GENERAL

¶509

RESPONDENTS/CLAIMANTS AND RESPONDENTS 3 TO 4 IN LAR:

¶510

1 AJAYKUMAR K.K., 33/1992 B, MARIVIL, PATHRONI ROAD,VELLIMADUKUNNU, KOZHIKODE-673001

¶511

2 SUSMITHA RAMAKRISHNAN, 33/1992 B, MARIVIL, PATHRONI ROAD, VELLIMADUKUNNU, KOZHIKODE-673001

¶512

3 THE CHIEF EXECUTIVE OFFICER, KRFB, KAWDIAR, THIRUVANANTHAPURAM-695004

¶513

4 CO-ORDINATOR, KCRIP, CIVIL STATION, KOZHIKODE-673020 BY ADVS.

¶514

SMT.M.MANJU FOR R1 & R2 SRI.R.SUDHISH FOR R1 & R2 SMT.K.P.SUSMITHA FOR R1 & R2 SRI.VINOD SINGH CHERIYAN FOR R1 & R2 SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R3 & R4

¶515

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶516

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶517

:-31:-

¶518

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶519

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶520

LA.APP. NO. 285 OF 2017

¶521

[AGAINST THE JUDGMENT AND DECREE DATED 30.07.2016 IN LAR 72/2015 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶522

APPELLANTS/RESPONDENTS 1 TO 2 IN L.A.R.:

¶523

1 DISTRICT COLLECTOR, KOZHIIKODE

¶524

2 SPECIAL TAHSILDAR (LA), KCRIP

¶525

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶526

RESPONDENTS/CLAIMANTS AND RESPONDENTS 3 TO 4 IN L.A.R.:

¶527

1 JIJU THOMAS, S/O.P.V THOMAS, PEKKUNNUL HOUSE, KODENCHERY P.O, KOZHIKODE 673 580

¶528

2 JIJI THOMAS, W/O. P.V THOMAS, PEKKUNNUL HOUSE, KODENCHERY P.O, KOZHIKODE 673 580

¶529

3 THE CHIEF EXECUTIVE OFFICER, KRFB, KAWDIAR, THIRUVANANTHAPURAM 695 003

¶530

4 CO-ORDINATOR, KCRIP, CIVIL STATION, KOZHIKODE 673 020

¶531

BY ADVS. SRI.T.M.KHALID FOR R1 & R2 SMT.M.MANJU FOR R1 & R2 SMT.V.MIMITA FOR R1 & R2 SRI.R.SUDHISH FOR R1 & R2 SMT.K.P.SUSMITHA FOR R1 & R2 SRI.VINOD SINGH CHERIYAN FOR R1 & R2

¶532

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R3 & R4

¶533

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶534

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶535

:-32:-

¶536

¶537

LA.APP. NO. 397 OF 2017 [AGAINST THE JUDGMENT AND DECREE DATED 30.07.2016 IN LAR 72/2015 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶538

APPELLANTS/CLAIMANTS:

¶539

1 SRI.JIJU THOMAS.K.K., S/O P.V THOMAS, PEKKUNNEL HOUSE,KODENCHERY PO, KOZHIKODE DISTRICT,REPRESENTED BY THE POWER OF ATTORNEY HOLDER-SRI. P.VTHOMAS, PEKKUNNEL HOUSE, KODENCHERY PO, KOZHIKODE DISTRICT.

¶540

2 SMT. CIJI MARY THOMAS, W/O JIJU THOMAS, REPRESENTED BY THE POWER OF ATTORNEY HOLDER-SRI.PV.THOMAS, PEKKUNNEL HOUSE,KODENCHERY PO, KOZHIKODE DISTRICT.

¶541

BY ADVS. SRI.VINOD SINGH CHERIYAN SRI.T.M.KHALID SMT.M.MANJU SMT.V.MIMITA SRI.R.SUDHISH SMT.K.P.SUSMITHA

¶542

RESPONDENTS/RESPONDENTS:

¶543

1 THE DISTRICT COLLECTOR KOZHIKODE KOZHIKODE.673020.

¶544

2 THE SPECIAL TAHASILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,KOZHIKODE.673020.

¶545

3 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWADIAR,THIRUVANANTHAPURAM.695003.

¶546

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,CIVIL STATION, KOZHIKODE.673020.

¶547

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶548

:-33:-

¶549

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER FOR R1 & R2 SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R3 & R4

¶550

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶551

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶552

:-34:-

¶553

¶554

LA.APP. NO. 398 OF 2017

¶555

[AGAINST THE JUDGMENT AND DECREE DATED 30.07.2016 IN LAR 75/2015 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶556

APPELLANTS/CLAIMANTS:

¶557

1 AJAY KUMAR.K.K, AGED 53 YEARS, S/O K. KRISHNAN,33/1992 B, MARIVIL PATHRONI ROAD,VELLIMADUKUNNU, KOZHIKODE DISTRICT.

¶558

2 SUSMITHA RAMAKRISHNAN AGED 44 YEARS, W/O AJAY KUMAR K.K,33/1992 B, MARIVIL PATHRONI ROAD,VELLIMADUKUNNU, KOZHIKODE DISTRICT.

¶559

BY ADVS. SRI.VINOD SINGH CHERIYAN SRI.T.M.KHALID SMT.M.MANJU SMT.V.MIMITA SRI.R.SUDHISH SMT.K.P.SUSMITHA

¶560

RESPONDENTS/RESPONDENTS:

¶561

1 THE DISTRICT COLLECTOR KOZHIKODE.673020.

¶562

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.673020.

¶563

3 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWADIAR, THIRUVANANTHAPURAM.695003.

¶564

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.673020.

¶565

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER R1 & R2 SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R3

¶566

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶567

:-35:-

¶568

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶569

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶570

:-36:-

¶571

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶572

PRESENT

¶573

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶574

¶575

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶576

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶577

LA.APP. NO. 701 OF 2013

¶578

[AGAAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 11/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶579

APPELLANT/CLAIMANT:

¶580

CHANDRAN, AGED 71 YEARS

¶581

S/O.LATE CHEROOTY, POOLAKKAL HOUSE, P.O.MARIKUNNU, KOZHIKODE DISTRICT.

¶582

BY ADV SRI.K.A.SALIL NARAYANAN

¶583

RESPONDENTS/RESPONDENTS:

¶584

1 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE673001.

¶585

2 THE CHIEF ENGINEER, PWD

¶586

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶587

3 THE EXECUTIVE ENGINEER, P.W.D., K.C.R.I.P., KOZHIKODE – 673 001

¶588

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶589

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶590

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶591

:-37:-

¶592

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶593

PRESENT

¶594

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶595

¶596

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶597

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶598

LA.APP. NO. 702 OF 2013

¶599

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 127/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶600

APPELLANT/CLAIMANT:

¶601

M.ABDUL MAJEED, AGED 58 YEARS, S/O.MUHAMMED, CITADEL, POOLAKADAVU ROAD. P O, MERIKUNNU, KOZHIKODE

¶602

BY ADV SRI.K.A.SALIL NARAYANAN

¶603

RESPONDENTS/RESPONDENTS:

¶604

1 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE-673001

¶605

2 THE CHIEF ENGINEER, PWD

¶606

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶607

3 THE ADDL.EXECUTIVE ENGINEER PWD , K.C.R.I.P, KOZHIKODE-673001

¶608

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶609

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶610

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶611

:-38:-

¶612

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶613

PRESENT

¶614

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶615

¶616

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶617

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶618

LA.APP. NO. 793 OF 2013

¶619

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 118/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶620

APPELLANTS/RESPONDENTS IN LAR:

¶621

1 STATE OF KERALA

¶622

REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE, CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶623

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶624

3 THE ASST. EXECUTIVE ENGINEER PWD, KCRIP, KOZHIKODE.

¶625

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶626

RESPONDENT/CLAIMANT:

¶627

P.P. VISWANATHAN NAIR S/O. NARAYANI AMMA, 'ANJANAM', PUTHUSSERI, KOVOORVELLIMADUKUNNU ROAD, P.O.CHEVAYOOR, KOZHIKODE DISTRICT, PIN-673020

¶628

BY ADV SRI.K.A.SALIL NARAYANAN FOR RESPONDENT.

¶629

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶630

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶631

:-39:-

¶632

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶633

PRESENT

¶634

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶635

¶636

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶637

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶638

LA.APP. NO. 179 OF 2014

¶639

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 114/2011 OF PRINCIPAL SUB COURT, KOZHIKODE

¶640

APPELLANTS/RESPONDENTS 1&3 IN LAR:

¶641

1 STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶642

2 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶643

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶644

RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:

¶645

1 T.K.MUHAMMED, S/O.SAIDALI, VIRUPPIL HOUSE, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK-673 701.

¶646

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶647

BY ADVS. SRI.K.V.MANOJ KUMAR FOR R2 SHRI.ABIMALEK C VALSAN

¶648

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶649

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶650

:-40:-

¶651

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶652

PRESENT

¶653

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶654

¶655

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶656

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶657

LA.APP. NO. 180 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 117/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶658

APPELLANTS/RESPONDENTS 1 & 3 IN LAR:

¶659

1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE

¶660

2 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶661

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶662

RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:

¶663

1 PRABHEESH KUMAR, 37 YEARS, S/O.GOVINDAN, VELLARAKKATTUPOYIL HOUSE, P.O.MEDICAL COLLEGE, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK - 673 017.

¶664

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶665

BY ADVS. MR.ZAKIR HUSSAIN FOR R2 SRI.T.SETHUMADHAVAN SR. FOR R2 SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SMT.VANDANA MENON FOR R1

¶666

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶667

:-41:-

¶668

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶669

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶670

:-42:-

¶671

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶672

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶673

LA.APP. NO. 200 OF 2014

¶674

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 98/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶675

APPELLANTS/RESPONDENTS 1 & 3 IN LAR:

¶676

1 STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶677

2 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶678

**the name of the 2 nd* appellant is deleted from the party array and the 2 nd appellant is added as the 9 th respondent in the party array vide order dated 20.3.2014 in I.A.No.497 of 2014.

¶679

BY SMT.N.SUDHADEVI, SPECIAL GOVERNMENT PLEADER

¶680

RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN LAR:

¶681

1 GOVINDAN, S/O.IMBICHIKUTTAN (DIED), VELLARAKKATTUPOYIL, P.O.CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK - 673032

¶682

2 NALINI, 70 YEARS, W/O.GOVINDAN, S/O.IMBICHIKUTTAN (DIED), VELLARAKKATTUPOYIL, P.O.CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK - 673032

¶683

3 GIREESH KUMAR, 47 YEARS, S/O.GOVINDAN, S/O.IMBICHIKUTTAN (DIED), VELLARAKKATTUPOYIL, P.O.CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK - 673032

¶684

4 RAJESH, 43 YEARS, S/O.GOVINDAN, S/O.IMBICHIKUTTAN (DIED), VELLARAKKATTUPOYIL, P.O.CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK - 673032

¶685

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶686

:-43:-

¶687

RAJEENDRAN, 40 YEARS, S/O.GOVINDAN, PARAKKOTTU THAZHATH KATTAYATTU HOUSE,

¶688

5 PERUMANNA AMSOM DESOM, KOZHIKODE TALUK - 673032 6 PRABEESH KUMAR, 37 YEARS, S/O.GOVINDAN, VELLARAKKATTUPOYIL HOUSE, NELLIKODE AMSOM, KOVOOR DESOM, KOZHIKODE TALUK - 673032

¶689

7 PRADEEPA, 35 YEARS, D/O.GOVINDAN, UNICHIRAM VEETTIL, POYILKAVU, CHENGOTTUKAVU VILLAGE, MANGATTU DESOM, KOYILANDY TALUK - 673305

¶690

8 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶691

9 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE. (ADDED) BY ADVS. SRI.T.SETHUMADHAVAN(SR.)} SMT.DEEPA NARAYANAN } FOR R2 TO R7 SRI.K.JAYESH MOHANKUMAR} SRI.PUSHPARAJAN KODOTH } FOR R2 TO R7 SMT.VANDANA MENON } FOR R2 TO R7 SMT.N.DEEPA ] SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R8

¶692

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶693

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶694

:-44:-

¶695

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶696

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶697

LA.APP. NO. 210 OF 2014

¶698

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 99/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶699

APPELLANT/RESPONDENT IN LAR:

¶700

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶701

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶702

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2 & 3 IN LAR:

¶703

1 P.P. UNNIKRISHNAN @ RAJAN NAIR S/O.NARAYANI AMMA, 'SARANGI HOUSE', EDAKKATTUPADI NILAM PARAMBA, CHEVAYUR.P.O., NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE.

¶704

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶705

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE. BY ADVS. SMT.DEEPA NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3 SRI.K.JAYESH MOHANKUMAR} SRI.PUSHPARAJAN KODOTH } FOR R1 SRI.T.SETHUMADHAVAN SR. SMT.VANDANA MENON FOR R1

¶706

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶707

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶708

:-45:-

¶709

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶710

PRESENT

¶711

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶712

¶713

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶714

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶715

LA.APP. NO. 217 OF 2014

¶716

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 103/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶717

APPELLANT/1ST RESPONDENT IN LAR:

¶718

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶719

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶720

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2 & 3 IN LAR:

¶721

1 GOVINDAN, S/O.IMBICHIKUTTAN (DIED), VELLARAKKATTUPOYIL.P.O.CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK.

¶722

2 NALINI, 70 YEARS, W/O.GOVINDAN,S/O.IMBICHIKUTTAN(DIED),VELLARAKKATTUPOYIL , P.O.CHEVAYUR,NELLIKODE VILLAGE,KOVOOR DESOM, KOZHIKODE TALUK

¶723

3 GIREESH KUMAR, 47 YEARS, S/O.GOVINDAN, S/O.IMBICHIKUTTAN(DIED), VELLARAKKATTUPOYIL, P.O.CHEVAYUR,NELLIKODE VILLAGE,KOVOOR DESOM, KOZHIKODE TALUK

¶724

4 RAJESH, 43 YEARS, S/O.GOVINDAN, S/O.IMBICHIKUTTAN(DIED), VELLARAKKATTUPOYIL, P.O.CHEVAYUR,NELLIKODE VILLAGE,KOVOOR DESOM, KOZHIKODE TALUK

¶725

5 RAJEENDRAN, 40 YEARS S/O.GOVINDAN, PARAKKOTTU THAZHATH KATTAYATTU

¶726

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶727

:-46:-

¶728

HOUSE,PERUMANNA AMSOM DESOM,KOZHIKODE TALUK

¶729

6 PRABEESH KUMAR, 37 YEARS S/O.GOVINDAN,VELLARAKKATTUPOYIL HOUSE, P.O.CHEVAYUR,NELLIKODE VILLAGE,KOVOOR DESOM, KOZHIKODE TALUK

¶730

7 PRADEEPA, 35 YEARS D/O.GOVINDAN,UNICHIRAM VEETTIL,POYILKAVU,CHENGOTTUKAVU VILLAGE,MANGATTU DESOM,KOYILANDY TALUK

¶731

8 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM

¶732

9 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶733

BY ADVS. SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R8 & R9 SRI.T.SETHUMADHAVAN (SR.) FOR R2 TO R7 SMT.DEEPA NARAYANAN FOR R2 TO R7 SRI.K.JAYESH MOHANKUMAR FOR R2 TO R7 SRI.PUSHPARAJAN KODOTH FOR R2 TO R7 SMT.VANDANA MENON FOR R2 TO R7 SMT.N.DEEPA FOR R2 TO R7

¶734

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶735

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶736

:-47:-

¶737

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶738

PRESENT

¶739

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶740

¶741

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶742

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶743

LA.APP. NO. 111 OF 2016

¶744

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 96/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶745

APPELLANT/1ST RESPONDENT IN LAR:

¶746

STATE OF KEALA

¶747

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY AND IMPROVEMENT PROJECT, KOZHIKODE.

¶748

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶749

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶750

1 MARIKUTTY SEBASTIAN, W/O.SEBASTIAN M.J., MANIYANGATH VEETTIL, KOVOOR - VELLIMADUKUNUR ROAD, P.O.CHEVAYOOR, KOZHIKODE DISTRICT - 673017

¶751

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695001

¶752

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673020

¶753

BY ADVS.

¶754

SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶755

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶756

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶757

:-48:-

¶758

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶759

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 245 OF 2014

¶760

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 97/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶761

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶762

STATE OF KERALA

¶763

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶764

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶765

RESPONDENTS/CLAIMANTS & RESPONDENTS 2 & 3 IN L.A.R.:

¶766

1 THIRUTHINGOTH PUTHALATHINKARA GANGADHARAN S/O.UNICHOYI, MANHOLI-VIRUPPIL HOUSE, MANHOLI-VIRUPPIL PARAMBA, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK-673017

¶767

2 P.RAJESH, S/O.GANGADHARAN, MANHOLI VIRUPPIL HOUSE, MANHILI-VIRUPPIL PARAMBA, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK-673017

¶768

3 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶769

4 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020

¶770

BY ADVS.SRI.T.SETHUMADHAVAN SR. FOR R1 AND R2 SRI.K.JAYESH MOHANKUMAR FOR R1 AND R2 SRI.PUSHPARAJAN KODOTH FOR R1 AND R2 SMT.VANDANA MENON FOR R1 AND R2 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R3 AND

¶771

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶772

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶773

:-49:-

¶774

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶775

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶776

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶777

LA.APP. NO. 250 OF 2014

¶778

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 80/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶779

APPELLANT/1ST RESPONDENT IN LAR:

¶780

STATE OF KERALA

¶781

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶782

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶783

RESPONDENTS/CLAIMANT AND RESPONDENT 2 & 3 IN LAR:

¶784

1 E.K.AHEMMED, S/O. MOIDEENKOYA, VIRIPPIL HOUSE, CHEVAYOOR P.O., NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK -673017.

¶785

2 THE CHIEF ENGINEER, P.W.D, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶786

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE -673001.

¶787

BY ADVS. SMT.DEEPA NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3 SRI.K.JAYESH MOHANKUMAR} FOR R1 SRI.PUSHPARAJAN KODOTH } FOR R1 SRI.T.SETHUMADHAVAN SR.} FOR R1 SMT.VANDANA MENON } FOR R1

¶788

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶789

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶790

:-50:-

¶791

¶792

LA.APP. NO. 279 OF 2014

¶793

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 69/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶794

APPELLANT/1ST RESPONDENT IN LAR:

¶795

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶796

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER ADVOCATE GENERAL

¶797

RESPONDENTS/CLAIMANT AND RESPONDENTS 2 & 3 IN LAR:

¶798

1 DR.ABDULLA CHERAYAKKATT S/O.ABDUL KHADER @ KUNHI, ARADHANA HOUSE, KANDAM CHATHANARI PARAMBA, MEDICAL COLLEGE P.O., NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK-673701

¶799

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶800

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673701

¶801

BY ADVS.

¶802

SRI.T.SETHUMADHAVAN SR. FOR R1

¶803

SMT.DEEPA NARAYANAN FOR R1

¶804

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶805

SMT.VANDANA MENON FOR R1

¶806

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶807

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶808

:-51:-

¶809

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶810

PRESENT

¶811

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶812

¶813

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶814

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶815

LA.APP. NO. 294 OF 2014

¶816

[JUDGMENT & DECREE DATED 30.08.2013 IN LAR 119/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶817

APPELLANT/1ST RESPONDENT IN LAR:

¶818

STATE OF KERALA

¶819

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP KOZHIKODE.

¶820

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶821

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2 & 3 IN LAR:

¶822

1 P.T.RAJALAKSHMI, D/O.LATE MADHAVAN NAIR, UDAYAMANGALAM HOUSE, CHELAVOOR VILLAGE, MAYANAD - DESOM, P.O.MEDICAL COLLEGE, KOZHIKODE.

¶823

2 P.T. SETHUMADHAVAN S/O.LATE MADHAVAN NAIR, UDAYAMANGALAM HOUSE, CHELAVOOR VILLAGE, MAYANAD - DESOM, P.O.MEDICAL COLLEGE, KOZHIKODE.

¶824

3 P.T. MANOMANI D/O.LATE MADHAVAN NAIR, UDAYAMANGALAM HOUSE, CHELAVOOR VILLAGE, MAYANAD - DESOM, P.O.MEDICAL COLLEGE, KOZHIKODE.

¶825

4 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶826

5 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶827

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶828

:-52:-

¶829

BY ADVS. SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD FOR R4 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R5 SRI.T.SETHUMADHAVAN SR. FOR R2 & R3 SRI.K.JAYESH MOHANKUMAR FOR R2 & R3 SRI.PUSHPARAJAN KODOTH FOR R2 & R3

¶830

SMT.VANDANA MENON FOR R2 & R3 SMT.N.DEEPA FOR R2 & R3

¶831

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶832

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶833

:-53:-

¶834

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶835

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 300 OF 2014

¶836

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 105/2011 OF PRINCIPAL SUB COURT, KOZHIKODE

¶837

APPELLANT/RESPONDENT IN LAR:

¶838

STATE OF KERALA

¶839

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶840

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶841

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2 & 3 IN LAR:

¶842

1 T.K. MOOSA, S/O.SAIDALI, MUBARACK MANZIL, KOLLERI PARAMBA, CHEVAYUR P.O, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK, PIN-673017

¶843

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶844

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.

¶845

BY ADVS. SRI.T.SETHUMADHAVAN SR., SMT.DEEPA NARAYANAN FOR R1

¶846

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH SMT.VANDANA MENON FOR R1

¶847

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶848

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶849

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶850

:-54:-

¶851

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶852

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 301 OF 2014

¶853

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 72/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶854

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶855

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶856

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶857

RESPONDENTS/CLAIMANT AND RESPONDENTS 2 & 3 IN L.A.R.:

¶858

1 E.K. AHEMMED, S/O.MOIDEENKUNJU, VIRIPPIL HOUSE, CHEVAYOOR P.O., NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK673017.

¶859

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶860

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE-673001.

¶861

BY ADVS. SMT.DEEPA NARAYANAN FOR R1 R2 AND R3 BY SRI.ZAKIR HUSSAIN, SC KERALA ROAD FUND BOARD SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN (SR.) FOR R1 SMT.VANDANA MENON FOR R1

¶862

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶863

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶864

:-55:-

¶865

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶866

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 310 OF 2014

¶867

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 68/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶868

APPELLANT/1ST RESPONDENT IN LAR:

¶869

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶870

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶871

RESPONDENTS/CLAIMANT ADN RESPONDENTS 2&3 IN LAR:

¶872

1 DR. ABDULLA CHERIYAKKATT S/O. ABDUL KHADER @ KUNHI, ARADHANA HOUSE, KANDAMCHATHANARI PARAMBA, MEDICAL COLLEGE.P.O., NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE TALUK PIN673017.

¶873

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001. 3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶874

BY ADVS. SMT.DEEPA NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC FOR R2 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.VANDANA MENON FOR R1

¶875

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶876

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶877

:-56:-

¶878

¶879

LA.APP. NO. 194 OF 2016

¶880

[AGAINST THE JUDGMENT AND DECREE DATED 04/09/2015 IN LAR 29/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶881

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶882

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶883

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶884

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶885

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶886

1 P.P.VISWANATHAN NAIR S/O.NARAYANI AMMA, "ANJANAM",PUTHUSSERY. 673 017.

¶887

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM.695 001.

¶888

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.673 001.

¶889

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1

¶890

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶891

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶892

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶893

:-57:-

¶894

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶895

PRESENT

¶896

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶897

¶898

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶899

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶900

LA.APP. NO. 319 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 24.10.2013 IN LAR 95/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶901

APPELLANT/1ST RESPONDENT IN LAR:

¶902

STATE OF KERALA

¶903

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶904

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶905

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶906

1 BALAKRISHNAKURUP S/O.EDACHEMBAKASSERY NARAYANI AMMA, "RASMI VIHAR", NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE-673017

¶907

[R1 DIED AND LRS. ARE IMPLEADED]

¶908

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶909

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020

¶910

ADDL.R4 PADMAVATHIAMMA, W/O. LATE BALAKRISHNA KURUP, RESMI VIHAR, NADUKKANDIPPARAMBU, CHATTIPURATH, KOVOOR, CHEVAYOOR.P.O, KOZHIKODE-673017

¶911

ADDL.R5 MISS.RESMI A.K., D/O. LATE BALAKRISHNA KURUP, RESMI VIHAR, NADUKKANDIPPARAMBU, CHATTIPURATH, KOVOOR, CHEVAYOOR.P.O, KOZHIKODE-673017

¶912

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶913

:-58:-

¶914

*(LEGAL REPRESENTATIVES OF THE DECEASED FIRST RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 AND 5 VIDE ORDER DATED 10.12.18 IN IA 3/18,IA 1/18 AND C.M APPLN. 2/18)

¶915

BY ADVS. V.B SANTHINI FOR R1 SRI.K.SANEESH KUMAR FOR R1

¶916

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶917

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶918

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶919

:-59:-

¶920

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶921

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶922

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶923

LA.APP. NO. 196 OF 2016

¶924

[AGAINST THE JUDGMENT AND DECREE DATED 04.09.2015 IN LAR 242/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶925

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶926

1 STATE OF KERALA

¶927

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶928

2 THE SPECIAL TAHSILDASR (LA)

¶929

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶930

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶931

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶932

1 M C CHANDRASEKHARAN NAIR, S/O. GOVINDAN NAIR, VADAKKINALIL HOUSE, VENGERI, KOZHIKODE - 673010

¶933

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM - 695001

¶934

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,

¶935

CIVIL STATION, KOZHIKODE - 673020

¶936

BY ADVS.

¶937

SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 AND R3

¶938

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶939

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶940

:-60:-

¶941

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶942

PRESENT

¶943

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶944

¶945

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶946

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶947

LA.APP. NO. 206 OF 2016

¶948

[AGAINST THE JUDGMENT AND DECREE DATED 04.09.2015 IN LAR 242/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶949

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶950

1 THE DISTRICT COLLECTOR, KOZHIKODE

¶951

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶952

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶953

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶954

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶955

1 BHANUMATHI, W/O. BHASKARAN NAIR, REPRESENTED BY POWER OF ATTORNEY HOLDER K.C.BHASKARAN NAIR,S/O. KELUKUTTY ADIYODI, "CHENGOTTIL", P.O.KIZHAKUMURI, VIA KAKKODY, KOZHIKODE, PIN-673611.

¶956

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695004.

¶957

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020.

¶958

BY ADVS.

¶959

SRI.K.A.SALIL NARAYANAN FOR R1

¶960

SRI.ZAKIR HUSSAIN, SC FOR R2 & R3

¶961

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶962

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶963

:-61:-

¶964

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶965

PRESENT

¶966

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶967

¶968

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶969

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶970

LA.APP. NO. 209 OF 2016

¶971

[AGAINST THE JUDGMENT AND DECREE DATED 04.09.2015 IN LAR 19/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶972

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶973

1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶974

2 THE SPECIAL TAHSIDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶975

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶976

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶977

1 SOMASUNDARAN, S/O. NARAYANI AMMA, "HARSHA" PUTHUSSERI, KOVOOR, CHEVAYUR P.O., KOZHIKODE-673017.

¶978

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM PIN-695 001.

¶979

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020. BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC FOR R2

¶980

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶981

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶982

:-62:-

¶983

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶984

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶985

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 335 OF 2014

¶986

[AGAINST THE JUDGMENT AND DECREE DTD.30.10.2013 IN LAR 56/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶987

APPELLANT/1 st respondent in LAR:

¶988

1. STATE OF KERALA

¶989

REP BY THE SPECIAL TAHSILDAR (LA) KCRIP,KOZHIKODE.

¶990

The name of the 3 rd respondent struck off from the party array and additional appellant No.2 is added

¶991

The Executive Engineer, PWD, Kozhikode City Road Improvement Project, Kozhikode- 673 701 is added as additional appellant No.2 vide order dated 28.6.2017 in IA 381/2017.

¶992

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶993

RESPONDENTS/CLAIMANT & RESPONDENTS 2 & 3 IN LAR:

¶994

1 K.ABDURAHIMANKUTTY

¶995

"JAMEELAS",MERIKUNNU P.O,KOZHIKODE 673 701

¶996

2 THE CHIEF OPERATING OFFICER, KRF BOARD, THIRUVANANTHAPURAM-695 001

¶997

3 [THE EXECUTIVE ENGINEER

¶998

PWD,KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,KOZHIKODE 673 701] DELETED

¶999

BY ADVS. SRI.A.V.M.SALAHUDHEEN FOR R1

¶1000

SRI.A.VISWANATHAN FOR R1

¶1001

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR

¶1002

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1003

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1004

:-63:-

¶1005

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1006

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 338 OF 2014

¶1007

[AGAINST THE JUDGMENT AND DECREE DATED 29.10.2013 IN LAR 78/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1008

APPELLANT/1ST RESPONDENT IN LAR:

¶1009

STATE OF KERALA

¶1010

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1011

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL

¶1012

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2 & 3 IN LAR:

¶1013

1 T.P. BASHEER, S/O KUNHIKOYA, THAZHATHEPEETIKAYIL HOUSE, MEDICAL COLLEGE P.O., KOZHIKODE, 673008.

¶1014

2 RAHMA BASHEER W/O T.P.BASHEER, KALLADI HOUSE, MEDICAL COLLEGE, NELLIKODE VILLAGE, KOVOOR, KOZHIKODE-673008.

¶1015

3 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001

¶1016

4 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶1017

BY ADV SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R3 & R4 SRI.T.SETHUMADHAVAN (SR.) FOR R1 & R2

¶1018

SRI.K.JAYESH MOHANKUMAR FOR R1 & R2 SRI.PUSHPARAJAN KODOTH FOR R1 & R2 SMT.VANDANA MENON FOR R1 & R2 SMT.N.DEEPA FOR R1 & R2

¶1019

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1020

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1021

:-64:-

¶1022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1023

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1024

LA.APP. NO. 343 OF 2014

¶1025

[AGAINST THE JUDGMENT AND DECREE DATED 29.10.2013 IN LAR 77/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1026

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1027

STATE OF KERALA, THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶1028

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶1029

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶1030

1 IMBICHAYISHA W/O. MUHAMMED KOYA HAJI, KANDANCHATHANARI, MEDICAL COLLEGE P.O., NELLIKODE VILLAGE, KOVOOR, KOZHIKODE - 673 008

¶1031

2 THE CHIEF ENGINEER

¶1032

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶1033

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.

¶1034

BY ADVS. SRI.K.M.FIROZ FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 SRI.S.KANNAN FOR R1 SMT.M.SHAJNA FOR R1

¶1035

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1036

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1037

:-65:-

¶1038

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1039

PRESENT

¶1040

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1041

¶1042

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1043

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1044

LA.APP. NO. 356 OF 2014

¶1045

[AGAINST THE JUDGMENT AND DECREE DTD.29.10.2013 IN LAR 75/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1046

APPELLANT/1ST RESPONDENT IN LAR:

¶1047

STATE OF KERALA

¶1048

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶1049

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL

¶1050

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2 & 3 IN LAR:

¶1051

1 ABDUL RAOUF KALLADI,

¶1052

S/O. SIDHIQUE, KALLADI PARAMBI, MANATHRAVIL, PANDIKASALAYIL, MEDICAL COLLEGE P.O., KOZHIKODE - 673 008.

¶1053

2 THE CHIEF ENGINEER, P.W.D, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM695001

¶1054

3 THE ASSISTANT EXECUTIVE ENGINEER, P.W.D, KCRIP, CIVIL STATION, KOZHIKODE -673020

¶1055

BY ADVS.

¶1056

SRI.K.M.FIROZ, SMT.M.SHAJNA & SRI.S.KANNAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶1057

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1058

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1059

:-66:-

¶1060

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1061

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 357 OF 2014

¶1062

[AGAINST THE JUDGMENT AND DECREE DATED 29.10.2013 IN LAR 70/2011 OF PRINCIPAL SUB COURT, KOZHIKODE] APPELLANT/1ST RESPONDENT IN LAR:

¶1063

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1064

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶1065

RESPONDENTS/CLAIMANTS & RESPONDENTS 2&3 IN LAR:

¶1066

1	AHAMMED KALLADI
	S/O.SIDDIQUE, KALLADI PARAMBIL, MANANTHRAVIL PANDIKASALAYIL, MEDICAL COLLEGE P.O., KOZHIKODE - 673 009.
2	THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.
3	THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.
	BY ADVS. SRI.K.M.FIROZ & SMT.M.SHAJNA FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3
THIS	LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
10.11.2022	ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE
COURT ON 23	.12.2022 DELIVERED THE FOLLOWING:

¶1067

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1068

:-67:-

¶1069

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1070

PRESENT

¶1071

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1072

¶1073

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1074

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1075

LA.APP. NO. 234 O F 2016

¶1076

[AGAINST THE JUDGMENT AND DECREE DATED 04.09.2015 IN LAR 39/2014 OF PRINCIPAL SUB COURT, KOZHIKODE

¶1077

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1078

1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1079

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1080

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1081

RESPONDENTS/CLAIMANTS AND RESPONDENTS 3&4 IN LAR:

¶1082

1 BIJO JOHN, S/O.JOHN, MOZHOOR HOUSE, ERINGADANPALLY, CHEVAYOOR.

¶1083

2 SIJO JOHN, S/O.JOHN, MOZHOOR HOUSE, ERINGADANPALLY, CHEVAYOOR.

¶1084

3 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM.

¶1085

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.

¶1086

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 & R2 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R3 &R4

¶1087

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1088

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1089

:-68:-

¶1090

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1091

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1092

LA.APP. NO. 260 OF 2016

¶1093

[AGAINST THE JUDGMENT AND DECREE DATED 28.11.2015 IN LAR 307/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1094

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1095

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1096

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1097

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1098

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1099

1 C.T.ABDUL RAZAK, S/O. ALAVI, VADAKKE KANHIRATHINKAL, P.O.MERIKUNNU, CALICUT.

¶1100

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 001.

¶1101

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.

¶1102

BY ADVS.

¶1103

SRI.V.T.MADHAVANUNNI FOR R1 SRI.M.VIVEK RABINDRANATH FOR R1

¶1104

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1105

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1106

:-69:-

¶1107

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1108

PRESENT

¶1109

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1110

¶1111

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1112

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1113

LA.APP. NO. 266 OF 2016

¶1114

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 51/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1115

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1116

1 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOZHIKODE. 2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE673701

¶1117

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1118

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1119

1 PREETHI, W/O.DINESH KUMAR, RESIDING AT KUZHIVAYALIL HOUSE, KUZHIVAYAL NILAM PRAMBA, CHEVAYOOR P.O., KOZHIKODE, PIN: 673 017. 2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM - 695004 3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673701 BY ADVS. SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN SR. FOR R1

¶1120

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1121

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1122

:-70:-

¶1123

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1124

PRESENT

¶1125

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1126

¶1127

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1128

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1129

LA.APP. NO. 267 OF 2016

¶1130

[AGAINST THE JUDGMENT AND DECREE DATED 28.11.2015 IN LAR 83/2014 OF PRINCIPAL SUB COURT, KOZHIKODE

¶1131

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1132

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTORT, KOZHIKODE.

¶1133

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1134

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1135

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1136

1 P.M.SUBAIR, S/O.P.M.ABDU (LATE), KARAPOYIL HOUSE, P.O.MERIKUNNU, CALICUT - 673012

¶1137

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM - 695003

¶1138

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673020

¶1139

BY ADVS.

¶1140

SRI.V.T.MADHAVANUNNI FOR R1 SRI.ZAKIR HUSSAIN, SC FOR R2 SRI.M.VIVEK RABINDRANATH FOR R1

¶1141

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1142

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1143

:-71:-

¶1144

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1145

PRESENT

¶1146

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1147

¶1148

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1149

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1150

LA.APP. NO. 275 OF 2016 [AGAINS THE JUDGMENT AND DECREE DATED 03.12.2015 IN LAR 73/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1151

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1152

1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1153

2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1154

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1155

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1156

1 M.C INDIRA D/O.NANDHINI AMMA, CHEMBAKAPURAM HOUSE EDACHEMBAKASSERY, PERAYATTIL HOUSE, CHELAVOOR P.O., CALICUT.

¶1157

2 M.C.SATHI D/O.NANDHINI AMMA, CHEMBAKAPURAM HOUSE EDACHEMBAKASSERY, PERAYATTIL HOUSE, CHELAVOOR P.O., CALICUT.

¶1158

3 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR THIRUVANANTHAPURAM.

¶1159

4 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT CIVIL STATION, KOZHIKODE.

¶1160

BY ADVS.

¶1161

SRI.K.SANEESH KUMAR FOR R1 & R2 SMT.V.B.SANTHINI FOR R1 & R2

¶1162

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1163

:-72:-

¶1164

SRI.V.RAJASEKHARAN NAIR, SC FOR KERALA ROAD FUND BOARD-R3 & R4

¶1165

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1166

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1167

:-73:-

¶1168

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1169

PRESENT

¶1170

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1171

¶1172

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1173

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1174

LA.APP. NO. 286 OF 2016 JUDGMENT & DECREE DATED 28.11.2015 IN LAR 79/2014 OF PRINCIPAL SUB COURT, KOZHIKODE

¶1175

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1176

1 STATE OF KERALA

¶1177

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1178

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1179

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1180

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1181

1 P.M.BASHEER, S/O.P.M.ABDU, (LATE) KARAPOYIL HOUSE P.O MERIKUNNU, CALICUT 673 012.

¶1182

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM 695 004.

¶1183

3 THE CO-ORIDNATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE, 673 020.

¶1184

BY ADVS. M.VIVEK RABINDRANATH FOR R1 V.T.MADHAVANUNNI FOR R1 SRI.V.RAJASEKHARAN NAIR, SC FOR R2 SRI.ZAKIR HUSSAIN, SC FOR R2

¶1185

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1186

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1187

:-74:-

¶1188

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶1189

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1190

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 287 OF 2016

¶1191

[AGAINST THE JUDGMENT AND DECREE DATED 20.02.2016 IN LAR 266/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1192

APPELLANT/RESPONDENTS 1 & 2 IN LAR:

¶1193

1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1194

2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1195

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1196

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1197

1 C.V JANARDHANAN, S/O. DAMODARAKURUP, "KRISHNAPURI" CHEVAYOOR AMSOM, DESOM, KOZHIKODE. PIN- 673 017.

¶1198

2 ARAVINDAKSHAN .K., S/O. A.K. VASUDEVAN NAIR, PRESIDENT, IRINGAGANPALLI, TEMPLE, KOVOOR, CALICUT- 8

¶1199

3 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD BOARD, KOWDIAR, THIRUVANANTHAPURAM PIN- 695 001.

¶1200

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE. PIN- 673 020.

¶1201

BY ADVS.

¶1202

SRI.R.BINDU (SASTHAMANGALAM)FOR R1 SRI.HARISH R. MENON FOR R2 SRI.PRASANTH M.P FOR R1 SRI.K.T.SHYAMKUMAR FOR R2 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R3 AND R4

¶1203

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1204

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1205

:-75:-

¶1206

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1207

PRESENT

¶1208

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1209

¶1210

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1211

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1212

LA.APP. NO. 291 OF 2016

¶1213

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 10/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1214

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1215

1 STATE OF KERALA

¶1216

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1217

2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1218

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1219

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1220

1 M.GOPALANKUTTY, S/O. APPU, MELE AYANIPATTA HOUSE, CHEVAYOOR P.O., KOZHIKODE-673 017.

¶1221

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 003.

¶1222

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673 020.

¶1223

BY ADVS. SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶1224

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1225

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1226

:-76:-

¶1227

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1228

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1229

LA.APP. NO. 292 OF 2016

¶1230

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 18/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1231

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1232

1 THE DISTRICT COLLECTOR, KOZHIKODE.

¶1233

2 THE SPECIAL TAHSILDAR (LA)

¶1234

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1235

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1236

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1237

1 SUDHA RAGUNATH, D/O. K.V.KUNHIKRISHNAKURUP, SREEPADAM HOUSE, CHEMBAKASSERITHAZHAM POTTA, PARAMBA, CHEVAYOOR P.O., PIN-673 017.

¶1238

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 001.

¶1239

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673 020.

¶1240

BY ADVS.

¶1241

SRI.T.SETHUMADHAVAN (SR.) FOR R1

¶1242

SRI.K.JAYESH MOHANKUMAR FOR R1

¶1243

SRI.PUSHPARAJAN KODOTH FOR R1

¶1244

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶1245

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1246

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1247

:-77:-

¶1248

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1249

PRESENT

¶1250

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1251

¶1252

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1253

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1254

LA.APP. NO. 293 OF 2016 [AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 8/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1255

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1256

1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1257

2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1258

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1259

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1260

1 PRABHAKARAKURUP, S/O. LAKSHMI AMMA, MANNARKUNNUMMAL, SUPRABHARTHAM HOUSE,KUZHIVAYAL NILAM PARAMBA, CHEVAYOOR, PIN-673 017.

¶1261

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695 001.

¶1262

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673 020.

¶1263

BY ADVS. SRI.T.SETHUMADHAVAN (SR.) FOR R1, SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH

¶1264

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD R2

¶1265

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1266

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1267

:-78:-

¶1268

¶1269

LA.APP. NO. 421 OF 2014

¶1270

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 69/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1271

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1272

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶1273

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶1274

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶1275

1 RAFEEK E.K., S/O.SAIDALAVI HAJI, EYYAKKANDI HOUSE, KOVOOR, MEDICAL COLLEGE P.O., KOZHIKODE-673001.

¶1276

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶1277

3 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶1278

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1

¶1279

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶1280

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1281

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1282

:-79:-

¶1283

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶1284

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1285

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 429 OF 2014

¶1286

[AGAINST THE JUDGMENT AND DECREE DATED 20.12.2013 IN LAR 6/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1287

APPELLANT/1ST RESPONDENT IN LAR:

¶1288

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶1289

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1290

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶1291

1 AYISHA, D/O.MOIDU, KARTHIKAPALLY P O, VILLAYAPPALLI, VATAKARA TALUK-673103

¶1292

2 MUHAMMED KASIM, S/O.MOIDEEN ABDULKHADER HAJI, KARTHIKAPALLY P O, VILLAYAPPALLI, VATAKARA TALUK-673103

¶1293

3 AYISHA, D/O.MOIDEEN ABDUL KHADER HAJI, KARTHIKAPALLY P O, VILLYAPPALLI, VATAKARA TALUK, PIN-673103

¶1294

4 SALMA, D/O.MOIDEEN ABDUL KHADER HAJI, KARTHIKAPALLY PO, VILLYAPPALLI VATAKARA TALUK, PIN-673103

¶1295

5 THE CHIEF ENGINEER, PWD , KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶1296

6 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-695001

¶1297

BY ADVS.

¶1298

SRI.V.N.RAMESAN NAMBISAN FOR R1 TO R4 SRI.ZAKIR HUSSAIN, SC, FOR R5

¶1299

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1300

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1301

:-80:-

¶1302

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1303

PRESENT

¶1304

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1305

¶1306

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1307

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1308

LA.APP. NO. 454 OF 2014

¶1309

[AGAINST THE JUDGMENT AND DECREE DATED 20.12.2013 IN LAR 5/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1310

APPELLANT/1ST RESPONDENT IN LAR:

¶1311

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA) KCRIP, KOZHIKODE.

¶1312

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1313

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶1314

1 MOIDU HAJI, S/O.MOOSA, KANNOTH HOUSE, P.O.VILLYAPPALLI, VATAKARA, PIN-673542.

¶1315

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶1316

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶1317

BY ADVS.

¶1318

SRI.V.N.RAMESAN NAMBISAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 AND R3

¶1319

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1320

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1321

:-81:-

¶1322

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1323

PRESENT

¶1324

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1325

¶1326

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1327

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1328

LA.APP. NO. 455 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 68/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1329

APPELLANT/1ST RESPONDENT IN LAR:

¶1330

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1331

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1332

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶1333

1 VANAJA P.P., W/O.SURENDRANATH, 'KARTHIKA', KOVOOR P.O., CHEVAYUR, KOZHIKODE.

¶1334

2 THE CHIEF OPERATING OFFICER

¶1335

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶1336

3 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶1337

BY ADVS. SRI.SALIL NARAYANAN.K.A. FOR R1 SRI.ZAKIR HUSSAIN, SC KERALA ROAD FUND BOARD,R2 & R3

¶1338

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1339

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1340

:-82:-

¶1341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1342

PRESENT

¶1343

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1344

¶1345

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1346

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1347

LA.APP. NO. 459 OF 2014

¶1348

[AGAINST THE JUDGMENT AND DECREE DATED 29.10.2013 IN LAR 73/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1349

APPELLANT/1ST RESPONDENT IN LAR:

¶1350

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶1351

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER ADDL. ADVOCATE GENERAL

¶1352

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶1353

1 AYISHABI KALLADI, D/O. SIDIQUE, W/O. ASHARAF KALLADI PARAMBIL, 11/323, 'KANAV', NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE-673 016.

¶1354

2 THE CHIEF ENGINEER

¶1355

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶1356

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶1357

BY ADVS.

¶1358

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

SRI.K.M.FIROZ FOR R1

SRI.S.KANNAN FOR R1

SMT.M.SHAJNA FOR R1

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1363

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1364

:-83:-

¶1365

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1366

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1367

LA.APP. NO. 461 OF 2014

¶1368

[AGAINST THE JUDGMENT AND DECREE DATED 16.01.2014 IN LAR 1/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1369

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1370

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA) KCRIP, KOZHIKODE.

¶1371

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADDL. ADVOCATE GENERAL

¶1372

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶1373

1 SUHARA, W/O.ABDUL AZEEZ, "ARSHMA", MERIKUNNU.P.O., CALICUT-673 012.

¶1374

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.695 001.

¶1375

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.673 020.

¶1376

BY ADVS. SRI.SYAM J SAM FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2

¶1377

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1378

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1379

:-84:-

¶1380

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1381

PRESENT

¶1382

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1383

¶1384

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1385

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1386

LA.APP. NO. 462 OF 2014

¶1387

[AGAINST THE JUDGMENT AND DECREE DATED 16.01.2014 IN LAR 7/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1388

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1389

STATE OF KERALA

¶1390

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1391

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER ADVOCATE GENERAL

¶1392

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶1393

1 ABDUL AZEES, S/O.MALAYIL MUHAMMED, ASHMA, MERIKUNNU P.O CALICUT 673 012.

¶1394

2 THE CHIEF ENGINEERING PWD KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695 001.

¶1395

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE 693 001.

¶1396

BY ADVS. SRI.SYAM J SAM FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶1397

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1398

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1399

:-85:-

¶1400

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1401

PRESENT

¶1402

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1403

¶1404

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1405

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1406

LA.APP. NO. 463 OF 2014

¶1407

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 70/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1408

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1409

THE STATE OF KERALA

¶1410

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1411

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶1412

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶1413

1 SOMASUNDARAM, S/O.NARAYANI AMMA, "HARSHA", PUTHUSSERI, KOVOOR, CHEVAYUR P.O., KOZHIKODE.

¶1414

2 THE CHIEF OPERATING OFFICER

¶1415

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶1416

3 THE EXECUTIVE ENGINEER

¶1417

PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶1418

BY ADVS.

¶1419

SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶1420

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1421

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1422

:-86:-

¶1423

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1424

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1425

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1426

LA.APP. NO. 468 OF 2014

¶1427

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 94/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1428

APPELLANT/1ST RESPONDENT IN LAR:

¶1429

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA)KCRIP, KOZHIKODE.

¶1430

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶1431

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶1432

1 BHANUMATHI, W/O. BHASKARAN NAIR, REP.BY P/A HOLDER K.C.BHASKARAN NAIR, S/O. KELUKUTTY ADIYODI, "CHENGOTTIL", P.O.KIZHAKKUMMURI, KAKKODI VIA, KOZHIKODE-673 611.

¶1433

2 MANOJ, S/O. BHASKARAN NAIR, REP.BY P/A HOLDER K.C.BHASKARAN NAIR, S/O. KELUKUTTY ADIYODI, "CHENGOTTIL", P.O.KIZHAKKUMMURI, KAKKODI VIA, KOZHIKODE-673 611.

¶1434

3 ROOPESH, S/O. BHASKARAN NAIR, REP.BY P/A HOLDER K.C.BHASKARAN NAIR, S/O. KELUKUTTY ADIYODI, "CHENGOTTIL", P.O.KIZHAKKUMMURI, KAKKODI VIA, KOZHIKODE-673 611.

¶1435

4 BINEESH. S/O. BHASKARAN NAIR, REP.BY P/A HOLDER K.C.BHASKARAN NAIR, S/O. KELUKUTTY ADIYODI, "CHENGOTTIL", P.O.KIZHAKKUMMURI, KAKKODI VIA, KOZHIKODE-673 611.

¶1436

5 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶1437

6 THE EXECUTIVE ENGINEER

¶1438

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1439

:-87:-

¶1440

PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶1441

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R5 AND R6

¶1442

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1443

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1444

:-88:-

¶1445

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1446

PRESENT

¶1447

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1448

¶1449

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1450

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1451

LA.APP. NO. 344 OF 2016

¶1452

[AGAINST JUDGMENT AND DECREE DATED 20.02.2016 IN LAR 63/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1453

APPELLANT/CLAIMANT:

¶1454

C.V.JANARDHANAN, S/O. DAMODARA KURUP, "KRISHAPURI" CHEVAYOOR, KOZHIKODE.

¶1455

BY ADVS.

¶1456

SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P

¶1457

RESPONDENTS/RESPONDENTS:

¶1458

1 THE DISTRICT COLLECTOR, KOZHIKODE, PIN- 673 001.

¶1459

2 THE SPECIAL TAHSILDAR (L.A), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE, PIN- 673 001.

¶1460

3 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM, PIN- 695 001.

¶1461

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE, PIN- 673 001.

¶1462

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1463

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1464

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1465

:-89:-

¶1466

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1467

PRESENT

¶1468

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1469

¶1470

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1471

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1472

LA.APP. NO. 472 OF 2014

¶1473

[AGAINST THE JUDGMENT AND DECREE DATED 31.01.2014 IN LAR 101/2012 OF PRINCIPAL SUB COURT, KOZHIKODE

¶1474

APPELLANT/1ST RESPONDENT IN LAR:

¶1475

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶1476

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶1477

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶1478

1 JOEMON JOSEPH, S/O.T.J.JOSEPH, THEKKUMURIYIL HOUSE, NELLIKODE AMSOM, KOVOOR DESOM, P.O. MEDICAL COLLEGE, REPRESENTED BY P.A. HOLDER THOMAS JOSEPH, S.O.T.J. JOSEPH, THEKKUMURIYIL HOUSE, NELLIKODE AMSOM KOVOOR DESOM, KOZHIKODE-673 008.

¶1479

2 THE CHIEF OPERATING OFFICER

¶1480

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶1481

3 THE ASSISTANT EXECUTIVE ENGINEER P W D, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.

¶1482

BY ADVS. SMT.REKHA ARAVIND FOR R1 SRI.ZAKIR HUSSAIN, SC FOR KERALA ROAD FUND BOARD-R2 AND R3 SRI.SANTHARAM.P FOR R2

¶1483

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1484

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1485

:-90:-

¶1486

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1487

PRESENT

¶1488

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1489

¶1490

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1491

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1492

LA.APP. NO. 362 OF 2016

¶1493

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 11/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1494

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1495

1 THE DISTRICT COLLECTOR, KOZHIKODE.

¶1496

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1497

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1498

RESPONDENTS/CLAIMANTS AND RESPONDENTS 3&4 IN LAR:

¶1499

1 K.APPUKUTTY, S/O KARMBRAKANDIYIL CHEKKUTTY AND HIS CHILDREN,RARANDI THAZHAM NILAM PARAMBA, CHEVAYOOR P.O, KOZHIKODE-17

¶1500

2 ANJISH KUMAR, RESIDING AT RARANDI THAZHAM NILAM PARAMBA, CHEVAYOOR P.O., KOZHIKODE-17.

¶1501

3 ANIJA BHAI, RESIDING AT RARANDI THAZHAM NILAM PARAMBA,CHEVAYOOR P.O., KOZHIKODE-17.

¶1502

4 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM695001.

¶1503

5 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,CIVIL STATION, KOZHIKODE-673020.

¶1504

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1505

:-91:-

¶1506

BY ADVS. SRI.T.SETHUMADHAVAN SR. SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶1507

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R4

¶1508

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1509

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1510

:-92:-

¶1511

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1512

PRESENT

¶1513

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1514

¶1515

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1516

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1517

LA.APP. NO. 365 OF 2016

¶1518

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 25/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1519

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶1520

1 STATE OF KERALA

¶1521

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1522

2 SPECIAL TAHSILDAR (LA)

¶1523

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1524

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1525

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN L.A.R.:

¶1526

1 M.C.KESAVAN NAMBOODIRI S/O LATE VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHAMBAKKASSERY ILLAM, CHEVAYOOR P.O, KOZHIKODE-673017

¶1527

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695003

¶1528

3 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020

¶1529

BY ADVS.

¶1530

R1 BY SRI.K.JAYESH MOHANKUMAR

¶1531

R2 & R3 BY SRI.V.RAJASSEKHARAN NAIR, SC, KERALA ROAD FUND BOARD R1 BY SRI.PUSHPARAJAN KODOTH R1 BY SRI.T.SETHUMADHAVAN (SR.)

¶1532

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1533

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1534

:-93:-

¶1535

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1536

PRESENT

¶1537

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1538

¶1539

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1540

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1541

LA.APP. NO. 370 OF 2016

¶1542

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 7/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1543

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1544

1 THE DISTRICT COLLECTOR, KOZHIKODE

¶1545

2 SPECIAL TAHSILDAR LA

¶1546

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,KOZHIKODE.

¶1547

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1548

RESPONDENTS/CLAIMANTS AND RESPONDENTS 3&4 IN LAR:

¶1549

1 MYDHILI, W/O LATE BHASKARAN

¶1550

"USHAS", KOVOOR, VELLIMADUKUNNU,CHERVAYOOR P.O.

¶1551

2 K. ANIL KUMAR, S/O.LATE BHASKARAN "USHAS", KOVOOR, VELLIMADUKUNNU,CHERVAYOOR P.O.

¶1552

3 AJITHA, D/O.LATE BHASKARAN "USHAS", KOVOOR, VELLIMADUKUNNU,CHERVAYOOR P.O.

¶1553

4 BABITHA, D/O.LATE BHASKARAN "USHAS", KOVOOR, VELLIMADUKUNNU,CHERVAYOOR P.O.

¶1554

5 SAJITHA, D/O.LATE BHASKARAN "USHAS", KOVOOR, VELLIMADUKUNNU,CHERVAYOOR P.O.

¶1555

6 SABITHA, D/O.LATE BHASKARAN "USHAS", KOVOOR, VELLIMADUKUNNU,CHERVAYOOR P.O.

¶1556

7 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR,THIRUVANANTHAPURAM.

¶1557

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1558

:-94:-

¶1559

8 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.

¶1560

BY ADVS. SHRI.K.V.MANOJ KUMAR, SC FOR R7 SRI.T.SETHUMADHAVAN SR. FOR R2 SRI.K.JAYESH MOHANKUMAR FOR R2 SRI.PUSHPARAJAN KODOTH FOR R2

¶1561

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1562

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1563

:-95:-

¶1564

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1565

PRESENT

¶1566

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1567

¶1568

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1569

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1570

LA.APP. NO. 371 OF 2016

¶1571

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 17/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1572

APPELLANTS/RESPONDENTS IN LAR:

¶1573

1 THE DISTRICT COLLECTOR, KOZHIKODE.

¶1574

2 SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,KOZHIKODE.

¶1575

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1576

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1577

***** 1 AMMA DEVI @ CHERIYAMMA RAJA, W/O.NARAYANAN NAMBOOTHIRI, GREENLAND,CHEVAYOOR - 673 017.[DIED]

¶1578

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND ROAD, KOWDIAR,THIRUVANANTHAPURAM -695 001.

¶1579

3 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,CIVIL STATION, KOZHIKODE -673 001.

¶1580

**LEGAL HEIRS IMPLEADED*

¶1581

ADDL.RESPO O.P.NARAYANAN NAMBOODIRIPAD,HUSBAND OF AMMA DEVI @ NDENT NO.4 CHERIYAMMA RAJA, AGED 76 YEARS,'GREENLAND HOUSE', P.O.CHEVARYUR. KOZHIKODE-673 017.

¶1582

ADDL.RESPO K.K.MEENAKUMARI, AGED 52 YEARS,W/O.MURALEEDHARA VARMA, NDENT NO.5 HOUSE NO.101, MADHUMATHI CO-OPERATIVE HOUSING

¶1583

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1584

:-96:-

¶1585

SOCIETY,PLOT NO.33-34, NEW PANVEL SECTOR 4 RAIGAD, MAHARASHTRA.

¶1586

ADDL.RESPO K.K.MAYA,AGED 49 YEARS,W/O.M.RAGHUKUMAR,UPASANA,NENMINI NDENT NO.6 PARAMBA.P.O.,CHEVAYUR,KOZHIKODE – 673 017.

¶1587

THE LEGAL HEIRS OF THE DECEASED RESPONDENT NO.1 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 TO 6 AS PER ORDER DATED 23/12/2022 IN IA 2/2018

¶1588

BY ADVS. SRI.K.JAYESH MOHANKUMAR FOR R1 T.SETHUMADHAVAN (SR.) FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶1589

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1590

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1591

:-97:-

¶1592

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1593

PRESENT

¶1594

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1595

¶1596

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1597

LA.APP. NO. 497 OF 2014

¶1598

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 91/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1599

APPELLANT/1ST RESPONDENT IN LAR:

¶1600

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶1601

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1602

RESPONDENTS/CLAIMANT AND RESPONDENTS 2 & 3 IN LAR:

¶1603

1 BHANUMATHI, W/O.BHASKARAN NAIR, CHENGOTTIL, P.O. KIZHAKUMMURI, KAKKODI VIA, KOZHIKODE DISTRICT, REPRESENTED BY P.A.HOLDER K.C.BHASKARAN NAIR, S/O.KELUKUTTY ADIYODI, 'CHENGOTTIL', P.O.KIZHAKKUMMURI, KAKKODI VIA, KOZHIKODE-673611.

¶1604

2 THE CHIEF OPERATING OFFICER

¶1605

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶1606

3 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶1607

BY ADVS.

¶1608

SRI.K.A.SALIL NARAYANAN FOR R1

¶1609

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 and R3

¶1610

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1611

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1612

:-98:-

¶1613

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1614

PRESENT

¶1615

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1616

¶1617

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1618

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1619

LA.APP. NO. 374 OF 2016 [AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 28/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1620

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1621

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1622

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1623

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1624

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1625

1 M.C.KESAVAN NAMBOODIRI, S/O.LATE VASUDEVAN, NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERY ILLAM, CHEVAYOOR PO, KOZHIKODE-673017

¶1626

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695004

¶1627

3 THTE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020

¶1628

BY ADVS.

¶1629

SRI.T.SETHUMADHAVAN (SR.) FOR R1

¶1630

SRI.K.JAYESH MOHANKUMAR FOR R1

¶1631

V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R2 SRI.PUSHPARAJAN KODOTH FOR R1

¶1632

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1633

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1634

:-99:-

¶1635

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1636

PRESENT

¶1637

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1638

¶1639

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1640

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1641

LA.APP. NO. 504 OF 2014

¶1642

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN L.A.R.NO. 71/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1643

APPELLANTS/1ST RESPONDENT IN L.A.R.:

¶1644

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶1645

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶1646

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶1647

1 K. REMADEVI KUTTY, W/O.BALAGOPALAKURUP, 'Bhavikam', CHEVAYUR P.O., KOZHIZKODE-673 701.

¶1648

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHPAURAM – 695 001.

¶1649

3 THE EXECUTIVE ENIGNEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 701.

¶1650

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC- KERALA ROAD FUND BOARD FOR R2

¶1651

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1652

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1653

:-100:-

¶1654

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶1655

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1656

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 380 OF 2016

¶1657

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 56/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1658

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1659

1 STATE OF KERALA

¶1660

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1661

2 SPECIAL TAHSILDAR (LA)

¶1662

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1663

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1664

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1665

1 SAROJINI AMMA (DIED) D/O.CHERIYAMAKUTTY AMMA, KODAKKATTU PARAMBATH HOUSE, CHEVAYOOR P.O., KOZHIKODE-673017.

¶1666

2 K.P.SREENIVASAN NAIR JANAKI NIVAS (HOUSE), KURUNGOTTU PARAMBA, NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK-673016.

¶1667

3 K.P.RAVEENDRAN KRISHNAPURI (HOUSE), PARAMBATH KATTIL NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK-673016.

¶1668

4 K.P.RADHAMANI W/O.P.K.PRABHAKARAN NAIR, ANUPRABHA HOUSE, PATHAYAKANDIYIL, MARIVEETTIL THAZHAM, KIZHAKKOTH AMSOM, POONOOR DESOM, KOZHIKODE TALUK-673020.

¶1669

5 K.P.SUDHEER KUMAR KODAKKATTU PARAMBATH HOUSE, CHEVAYOOR AMSOM, DESOM, KOZHIKODE TALUK-673017.

¶1670

6 K.P.SREEJAKUMARI W/O.P.SREENATH, KODAKATTU PARAMBATH HOUSE, CHEVAYOOR

¶1671

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1672

:-101:-

¶1673

AMSOM DESOM, KOZHIKODE-673017.

¶1674

7 K.P.BINDU W/O.PRAMOD, OTHENA NILAYAM HOUSE, MLA ROAD, NELLIKODE AMSOM, KOVOOR DESOM, KOZHIKODE-673016.

¶1675

8 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM695004. 9 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT CIVIL STATION, KOZHIKODE-673030. BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R2 TO R7 SRI.K.JAYESH MOHANKUMAR FOR R2 TO R7 SRI.PUSHPARAJAN KODOTH FOR R2 TO R7

¶1676

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R8 & R9

¶1677

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1678

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1679

:-102:-

¶1680

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1681

PRESENT

¶1682

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1683

¶1684

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1685

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1686

LA.APP. NO. 381 OF 2016

¶1687

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 369/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1688

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1689

STATE OF KERALA

¶1690

REPRESENTED BY SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1691

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1692

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶1693

1 VENUGOPALAN, S/O.P.K.NARAYANAN NAIR,NARAYANALAYAM HOUSE,KIZHAKKE KUZHIKKANDATHIL PARAMBA-673017

¶1694

2 K.ARAVINDAKSHAN, POORNACHANDRA HOUSE,MELE MENTHILERI PARAMBA,CHEVAYUR,KOZHIKODE-673017

¶1695

3 K.RAJESH S/O.A.K.VASUDEVAN NAIR,KATTIL PEEDIKAYIL,CHEVAYUR,REPRESENTED BY BROTHER AND POWER OF ATTORNEY HOLDER K.ARAVINDAKSHAN,CLAIMANT NO.2, PIN673017

¶1696

4 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD,KOWDIAR,THIRUVANANTHAPURAM675001

¶1697

5 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673001

¶1698

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1699

:-103:-

¶1700

BY ADVS.

¶1701

SRI.T.SETHUMADHAVAN SR. FOR R1 TO R3

¶1702

SRI.K.JAYESH MOHANKUMAR FOR R1 TO R3 SRI.PUSHPARAJAN KODOTH FOR R1 TO R3

¶1703

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R4 & R5

¶1704

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1705

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1706

:-104:-

¶1707

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1708

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 382 OF 2016

¶1709

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 301/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1710

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶1711

1 STATE OF KERALA

¶1712

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1713

2 SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1714

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1715

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN L.A.R.:

¶1716

1 C.K.JAMAL SAYED MUHAMMED, S/O. CHAKKIYATH KADER, RESIDING AT APARTMENT NO.A4, CHEMBAKASSERY THASHAM, THEKKE OOZHU NILAM PARAMBA, CHEVAYOOR P.O., KOZHIKODE-673017, REPRESENTED BY POWER OF ATTORNEY HOLDER AND BROTHER OF MUHAMMED YAHYA, S/O.V.C.KADER UNNI, ULLATTIL PARAMBA P.O.,KUTTIKKATTOOR, KOZHIKODE-673020.

¶1717

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM.

¶1718

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.

¶1719

BY ADVS.

¶1720

SRI.T.SETHUMADHAVAN SR. FOR R1

¶1721

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶1722

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD-R2 & R3

¶1723

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1724

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1725

:-105:-

¶1726

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1727

PRESENT

¶1728

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1729

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1730

LA.APP. NO. 507 OF 2014

¶1731

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 57/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1732

APPELLANT/1ST RESPONDENT IN LAR:

¶1733

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, LA, KCRIP, KOZHIKODE

¶1734

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1735

RESPONDENTS/CLAIMANTS AND RESPODENTS 2&3 IN LAR:

¶1736

1 V.VASU MASTER, S/O LATE PERACHUTTY, “MINIHOME”, MERIKUNNU P.O., KOZHIKODE – 673017

¶1737

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPRUAM – 695001

¶1738

3 THE CO-ORDINATOR, KCRIP, CIVIL STATION, KOZHIKODE - 673001

¶1739

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC FOR R2 AND R3

¶1740

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1741

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1742

:-106:-

¶1743

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1744

PRESENT

¶1745

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1746

¶1747

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1748

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1749

LA.APP. NO. 383 OF 2016

¶1750

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 16/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1751

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶1752

1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1753

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1754

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1755

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN L.A.R.:

¶1756

1 M.K.JAYAKRISHNAN, S/O MADHAVI AMMA, SREEGOVINDAM HOUSE,CHEVAYOOR P.O., KOZHIKODE.PIN-673020.

¶1757

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD,KOWDIAR, THIRUVANANTHAPURAM.695001.

¶1758

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.673020.

¶1759

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶1760

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1761

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1762

:-107:-

¶1763

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1764

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1765

LA.APP. NO. 509 OF 2014

¶1766

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 62/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1767

APPELLANT/1ST RESPONDENT IN LAR:

¶1768

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1769

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶1770

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶1771

1 SOMASUNDARAN, S/O.NARAYANI AMMA, "HARSHA", PUTHUSSERI, KOVOOR P.O., CHEVAYUR, KOZHIKODE-673017.

¶1772

2 THE CHIEF EXECUTIVE OFFICER

¶1773

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶1774

3 THE CO-ORDINATOR

¶1775

KCRIP, CIVIL STATION, KOZHIKODE-673001.

¶1776

BY ADVS.

¶1777

SRI.K.A.SALIL NARAYANAN FOR R1

¶1778

SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3

¶1779

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1780

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1781

:-108:-

¶1782

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶1783

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1784

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 386 OF 2016

¶1785

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 20/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1786

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1787

1 STATE OF KERALA

¶1788

REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1789

2 SPECIAL TAHSILDAR LA

¶1790

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1791

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1792

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1793

1 KALAPPURATH RAMANI, W/O.KARIMUTHIL RAGHAVAN, "RAMYASREE", CHEMBAKASSERY THAZHAM, POTTAPARAMBA, CHBEVAYOOR-673017

¶1794

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695004

¶1795

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673121

¶1796

BY ADVS.

¶1797

SRI.T.SETHUMADHAVAN (SR.)FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.V.RAJASEKHARAN NAIR, SC FOR R2 & R3

¶1798

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1799

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1800

:-109:-

¶1801

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1802

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1803

LA.APP. NO. 515 OF 2014

¶1804

[AGAINST THE JUDGMENT AND DECREE DATED 08.01.2014 IN LAR 92/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1805

APPELLANT/1ST RESPONDENT IN LAR:

¶1806

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶1807

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶1808

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶1809

1 JOSEPH KAITHAKAL

¶1810

REP. BY P.A.HOLDER SUNNY ANDROOSE, KOTTIRIKAL P.O., THOLAMBARA, PERAVOOR (VIA), KANNUR DIST - 670 673.

¶1811

2 BINDUMOL REP. BY P.A.HOLDER SUNNY ANDROOSE, KOTTIRIKAL P.O., THOLAMBARA, PERAVOOR (VIA) KANNUR DIST - 670 673.

¶1812

3 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶1813

4 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.

¶1814

BY ADVS.

¶1815

SRI.SALIL NARAYANAN.K.A. FOR R1 & R2 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD- R3 & R4

¶1816

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1817

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1818

:-110:-

¶1819

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1820

PRESENT

¶1821

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1822

¶1823

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1824

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1825

LA.APP. NO. 521 OF 2014

¶1826

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 60/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1827

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶1828

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶1829

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADDL. ADVOCATE GENERAL

¶1830

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶1831

1 RADHAKRISHNAN NAIR, S/O. NARAYANI AMMA, PUTHUSSERI, KOVOOR P.O., CHEVAYUR, KOZHIKODE-673 017.

¶1832

2 THE CHIEF EXECUTIVE OFFICER

¶1833

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶1834

3 THE CO-ORDINATOR

¶1835

KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶1836

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC FOR KERALA ROAD FUND BOARD-R2

¶1837

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1838

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1839

:-111:-

¶1840

¶1841

LA.APP. NO. 526 OF 2014

¶1842

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 55/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1843

APPELLANT/1ST RESPONDENT IN LAR:

¶1844

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶1845

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER GOVERNMENT PLEADER

¶1846

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶1847

1 CHANDRAMATI AMMA, D/O.KARTHIANI AMMA, MANATHANATH CHALIL, P.O. CHEVAYUR KOVOOR - 673 020.

¶1848

2 SREEDHARAN NAIR, S/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O.CHEVAYUR, KOVOOR - 673 020.

¶1849

3 SACHIDANANDHAN NAIR, S/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O CHEVAYUR, KOVOOR - 673 020.

¶1850

4 SREEDEVI, D/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O. CHEVAYUR, KOVOOR - 673 020.

¶1851

5 HAREENDRANATHAN NAIR, A/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O.CHEVAYUR, KOVOOR - 673 020.

¶1852

6 NANDA KUMAR, S/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O.CHEVAYUR, KOVOOR - 673 020.

¶1853

7 VASANTHA KUMARI, D/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O.CHEVAYUR, KOVOOR - 673 020.

¶1854

8 RAVIKUMAR, S/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O.CHEVAYUR, KOVOOR - 673 020.

¶1855

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1856

:-112:-

¶1857

9	SAJEEV
	S/O.CHANDRAMATHI AMMA, MANATHANATH CHALIL, P.O.CHEVAYUR, KOVOOR - 673 020.
10	THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.
11	THE CO-ORDINATOR KCRIP, CIVIL STATION, KOZHIKODE - 673 001.
	BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 TO R9
	SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R10 AND R11.
THIS	LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
10.11.2022	ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE
COURT ON 23	.12.2022 DELIVERED THE FOLLOWING:

¶1858

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1859

:-113:-

¶1860

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1861

PRESENT

¶1862

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1863

¶1864

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1865

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1866

LA.APP. NO. 534 OF 2014

¶1867

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 61/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1868

APPELLANT/1ST RESPONDENT IN LAR:

¶1869

STATE OF KERALA, REP.BY SPECIAL TAHSILDAR (LA),KCRIP, KOZHIKODE.

¶1870

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1871

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 INLAR:

¶1872

1 VANAJA,

¶1873

W/O.SURENDRANATH, "KARTHIKA", PUTHUSSERI, NTMC ROAD, P.O.CHEVAYUR, KOZHIKODE - 673 017.

¶1874

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶1875

3 THE CO-ORDINATOR KCRIP, CIVIL STATION, KOZHIKODE - 673 001.

¶1876

BY ADVS. SRI.SALIL NARAYANAN.K.A. FOR R1 SRI.ZAKIR HUSSAIN, SC FOR KERALA ROAD FUND BOARD R2 & R3

¶1877

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1878

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1879

:-114:-

¶1880

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶1881

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1882

LA.APP. NO. 412 OF 2016

¶1883

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 50/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1884

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1885

1 THE DISTRICT COLLECTOR, KOZHIKODE.

¶1886

2 SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1887

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1888

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN LAR:

¶1889

1 KALAPPURATH RAMANI W/O. KARIMUTHIL RAGHAVAN, RAMYASREE, CHEMBAKASSERY, THAZHAM POTTAPARAMBA, CHEVAYOOR- 673017

¶1890

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM695003

¶1891

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020

¶1892

BY ADVS. SRI.T.SETHUMADHAVAN (SR.) FOR R1

¶1893

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶1894

SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD-R2

¶1895

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1896

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1897

:-115:-

¶1898

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1899

PRESENT

¶1900

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1901

¶1902

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1903

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1904

LA.APP. NO. 415 OF 2016

¶1905

[AGAINST THE JUDGMENT AND DECREE DATED 20.02.2016 IN LAR 63/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1906

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1907

1 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1908

2 SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1909

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1910

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1911

1 C.V.JANARDHANAN, S/O.DAMODARAKURUP, "KRISHANAPIRI" CHEVAYOOR, KOZHIKODE-673017.

¶1912

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM-695001.

¶1913

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673001.

¶1914

BY ADVS.

¶1915

SRI.R.BINDU (SASTHAMANGALAM)} FOR R1 SRI.PRASANTH M.P } FOR R1

¶1916

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1917

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1918

:-116:-

¶1919

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1920

PRESENT

¶1921

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1922

¶1923

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1924

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1925

LA.APP. NO. 416 OF 2016

¶1926

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 32/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1927

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1928

1 STATE OF KERALA

¶1929

REP. BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶1930

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1931

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1932

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1933

1 VARGHESE VINOO MATHEW, S/O.THEKEDATH VARGHESE MATHEW, A7, CHEMBAKASSERY THAZHAM, THEKKE OOZHU NILAM PARAMBA, CHEVAYUR, PIN-673017.

¶1934

2 THANKAMMA MATHEW, A7, CHEMBAKASSERY THAZHAM, THEKKE OOZHU NILAM PARAMBA, CHEVAYUR, PIN-673017.

¶1935

3 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM, PIN-695001.

¶1936

4 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE, PIN-673020.

¶1937

BY ADVS.

¶1938

SRI.T.SETHUMADHAVAN SR. FOR R1 & R2

¶1939

SRI.K.JAYESH MOHANKUMAR FOR R1 & R2 SRI.PUSHPARAJAN KODOTH FOR R1 & R2 SRI.V.RAJASEKHARAN NAIR FOR R3 & R4

¶1940

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1941

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1942

:-117:-

¶1943

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1944

PRESENT

¶1945

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1946

¶1947

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1948

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1949

LA.APP. NO. 417 OF 2016

¶1950

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 33/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶1951

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1952

1 THE DISTRICT COLLECTOR, KOZHIKODE

¶1953

2 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,KOZHIKODE.

¶1954

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶1955

RESPONDENTS/CLAIMANT & RESPONDENTS 3&4 IN LAR:

¶1956

1 K.JAGADEESH, S/O.THIKKOJI RAO, RESIDING AT APARTMENT NO.A2, CHEMBAKASSERY THAZHAM THEKKE OOZHU NILAM PARAMBA, CHEVAYOOR PO, PIN-673 017.

¶1957

2 THE CHIEF EXECUTIVE OFFICE, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM. 695003

¶1958

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE.673020

¶1959

BY ADVS. SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶1960

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1961

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1962

:-118:-

¶1963

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1964

PRESENT

¶1965

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶1966

¶1967

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶1968

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶1969

LA.APP. NO. 420 OF 2016 JUDGMENT & DECREE DATED 17.12.2015 IN LAR 55/2014 OF PRINCIPAL SUB COURT, KOZHIKODE

¶1970

APPELLANTS/RESPONDENTS 1&2 IN LAR:

¶1971

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE.P.O., PIN – 673020.

¶1972

2 SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶1973

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶1974

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN LAR:

¶1975

*1	SAROJINI AMMA(	DIED)
	D/O. CHERIYAMA	KUTTY AMMA,	KO	DAKKATTU PARAMBATH HOUSE,
	CHEVAYOOR P.O,	KOZHIKODE	PIN	673 017 (STRUCK OFF)

¶1976

*2 K.P SREENIVASAN NAIR (Legal Heir) JANAKI NIVAS (H) KURUNGOTTU PARAMBA, NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK. PIN - 673 016 (DECEASED)

¶1977

3 K.P. RAVEENDRAN KRISHNAPURI (H), PARAMBATH KATTIL, NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK PIN 673 016

¶1978

4 K.P. RADHAMANI W/O. P.K. PRABHAKARAN NAIR, ANUPRABHA HOUSE, PATHAYAKANDIYIL, MARIVEETTIL THAZHAM, KIZHAKKOTH AMSOM, POONOOR DESOM, KOZHIKODE TALUK PIN - 673 572

¶1979

5 K.P. SUDHEER KUMAR KODAKKATTU PARAMBATH HOUSE, CHEVAYOOR AMSOM, DESOM,

¶1980

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1981

:-119:-

¶1982

KOZHIKODE TALUK. PIN 673 017

¶1983

6 K.P. SREEJAKUMARI W/O. P. SREENATH,KODAKKATTU PARAMBATH HOUSE, CHEVAYOOR AMSOM, DESOM, KOZHIKODE TALUK. PIN 673 017

¶1984

7 K.P. BINDU W/O PRAMOD, OTHENA NILAYAM HOUSE, MLA ROAD, NELLIKODE AMSOM, KOVOOR DESOM, KOZHIKODE TALUK PIN - 673 016

¶1985

8 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM PIN 695004

¶1986

9 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE PIN - 673 020

¶1987

ADDL.R10 JANAKI K.P., W/O K.P.SREENIVASAN NAIR, JANAKI NIVAS (H), KURUNGOTTU PARAMBA, NELLIKODE, KOZHIKODE – 673016

¶1988

ADDL.R11 ARUN KUMAR K.P., S/O K.P.SREENIVASAN NAIR, JANAKI NIVAS (H), KURUNGOTTU PARAMBA, NELLIKODE, KOZHIKODE – 673016

¶1989

ADDL.R12 ANIL KUMAR K.P., S/O K.P.SREENIVASAN NAIR, JANAKI NIVAS (H), KURUNGOTTU PARAMBA, NELLIKODE, KOZHIKODE – 673016

¶1990

*THE NAME OF THE FIRST RESPONDENT STANDS STRUCK OFF FROM THE ARRAY OF PARTIES VIDE ORDER DATED 21.12.2016 IN CMA 657/2016, IA 1328/2016 AND LAA 420/2016.

¶1991

*ADDL. RESPONDENTS 10 TO 12 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED 2ND RESPODENT VIDE SEPARATE ORDER DATED 19.07.2019 IN IA 1/2018.

¶1992

BY ADVS.

¶1993

SHRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD-R8&R9 SRI.T.SETHUMADHAVAN SR. FOR R10 TO R12

¶1994

SRI.KODOTH PUSHPARAJAN R2 TO R7 SRI.K.JAYESH MOHANKUMAR R2 TO R7

¶1995

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶1996

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶1997

:-120:-

¶1998

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1999

PRESENT

¶2000

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2001

¶2002

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2003

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2004

LA.APP. NO. 423 OF 2016

¶2005

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 27/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2006

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶2007

1 THE DISTRICT COLLECTOR, KOZHIKODE

¶2008

2 SPECIAL TAHSILDAR (LA)

¶2009

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2010

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶2011

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN L.A.R.:

¶2012

1 M.C.VASUDEVAN NAMBOODIRI

¶2013

S/O. LATE M.C VASUDEVAN NAMBOODIRI, MOOTHAMANA,

¶2014

CHEMBAKASSERY ILLAM, CHEVAYOOR P.O, KOZHIKODE - 17.

¶2015

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM - 695 003.

¶2016

3 THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673 001.

¶2017

BY SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD FUND BOARD FOR R2&R3

¶2018

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2019

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2020

:-121:-

¶2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2022

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 424 OF 2016

¶2023

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 30/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2024

APPELLANTS/RESPONDENTS 1&2 IN L.A.R.:

¶2025

1 DISTRICT COLLECTOR, KOZHIKODE. 2 SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE. BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2026

RESPONDENTS/CLAIMANT AND RESPONDENTS 3&4 IN L.A.R.:

¶2027

1 M.C. VASUDEVAN NAMBOODIRI, S/O.LATE VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERY ILLAM, CHEVAYOOR P.O., KOZHIKODE - 673 017. (DIED AND LEGAL HEIRS IMPLEADED).

¶2028

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM - 695 003.

¶2029

3 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE - 673 020.

¶2030

ADDL.R4 SAVITHRI, W/O.LATE VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERY ILLAM, CHEVAYOOR P.O., KOZHIKODE-673 017.

¶2031

ADDL.R5 MANOJ, S/O.LATE VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERY ILLAM, CHEVAYOOR P.O., KOZHIKODE-673 017.

¶2032

ADDL.R6 MINI, D/O.LATE VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERY ILLAM, CHEVAYOOR P.O., KOZHIKODE-673 017. (1ST RESPONDENT DIED AND LEGAL REPRESENTATIVES IMPLEADED AS ADDL.RESPONDENTS 4 TO 6 VIDE ORDER DATED

¶2033

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2034

:-122:-

¶2035

3.1.2019 IN I.A.No.207/17.)

¶2036

BY SRI.V.RAJASEKHARAN NAIR, SC KERALA ROAD FUND BOARD R2 AND R3

¶2037

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2038

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2039

:-123:-

¶2040

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2041

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 579 OF 2014

¶2042

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 64/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2043

APPELLANT/1ST RESPONDENT IN LAR:

¶2044

STATE OF KERALA

¶2045

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶2046

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶2047

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2048

1 PEETHAMBARAN NAIR S/O.DEVAKI AMMA, PANANGOTTU HOUSE, KOVOOR, CHEVAYUR P.O., KOZHIKODE - 673 017.

¶2049

2 VIJAYA LAKSHMI D/O.DEVAKI AMMA, PANANGOTTU HOUSE, KOVOOR, CHEVAYUR P.O., KOZHIKODE - 673 017.

¶2050

3 RAJITHA D/O.VIJAYALAKSHMI, PANANGOTTU HOUSE, KOVOOR, CHEVAYUR P.O., KOZHIKODE - 673 017.

¶2051

4 GEETHA D/O.DEVAKI AMMA, PANANGOTTU HOUSE, KOVOOR, CHEVAYUR P.O., KOZHIKODE - 673 017.

¶2052

5 REMA D/O.DEVAKI AMMA, PANANGOTTU HOUSE, KOVOOR, CHEVAYUR P.O., KOZHIKODE - 673 017.

¶2053

6 LALITHA

¶2054

D/O.DEVAKI AMMA, PANANGOTTU HOUSE, KOVOOR, CHEVAYUR P.O., KOZHIKODE - 673 017.

¶2055

7 THE CHIEF EXECUTIVE OFFICER

¶2056

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2057

:-124:-

¶2058

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶2059

8 THE CO-ORDINATOR, KCRIP CIVIL STATION, KOZHIKODE - 673 020.

¶2060

BY ADVS.

¶2061

SRI.K.A.SALIL NARAYANAN FOR R1 TO R6 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD—R7 & R8

¶2062

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2063

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2064

:-125:-

¶2065

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2066

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP.NO. 586 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN L.A.R. 57/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2067

APPELLANT/1ST RESPONDET IN LAR:

¶2068

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶2069

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2070

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2071

1 UNNIKRISHNAN @ RAJAN NAIR, S/O. NARAYANI AMMA, PUTHUSSERI, KOVOOR, CHEVAYUR, KOZHIKODE-673 017.

¶2072

2 RADHAKRISHNAN NAIR S/O. NARAYANI AMMA, PUTHUSSERI, KOVOOR, CHEVAYUR, KOZHIKODE-673 017.

¶2073

3 VISWANATHAN NAIR S/O. NARAYANI AMMA, PUTHUSSERI, KOVOOR, CHEVAYUR, KOZHIKODE-673 017.

¶2074

4 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶2075

5 THE CO-ORDINATOR KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶2076

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 TO R3 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R4 AND R5

¶2077

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2078

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2079

:-126:-

¶2080

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2081

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 591 OF 2014

¶2082

[AGAINST JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 59/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2083

APPELLANT/1ST RESPONDENT IN LAR:

¶2084

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶2085

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2086

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2087

1 P.P.VISWANATHAN NAIR, S/O NARAYANI AMMA, ANJANAM, PUTHUSSERI, KOVOOR, CHEVAYUR P.O, KOZHIKODE 673017

¶2088

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM 695001

¶2089

3 THE CO-ORDINATOR, KCRIP, CIVIL STATION, KOZHIKODE 673001

¶2090

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1

¶2091

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2092

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2093

:-127:-

¶2094

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2095

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 600 OF 2014

¶2096

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 63/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2097

APPELLANT/1ST RESPONDENT IN LAR:

¶2098

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2099

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2100

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2101

1 M.C.CHANDRA SEKHARAN NAIR S/O.GOVINDAN NAIR, VADAKKINALIL HOUSE, KOVOOR P.O., CHEVAYUR, KOZHIKODE-673 017.

¶2102

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶2103

3 THE CO-ORDINATOR KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶2104

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1

¶2105

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2106

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2107

:-128:-

¶2108

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2109

PRESENT

¶2110

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2111

¶2112

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2113

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2114

LA.APP. NO. 602 OF 2014

¶2115

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 132/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2116

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2117

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE

¶2118

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2119

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶2120

1 N.M.SICILY, W/O.O J ANTONY, OOROTH HOUSE, P O MERIKUNNU, KOZHIKODE - 673020

¶2121

2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM - 695003

¶2122

3 THE CO-ORDINATOR, KCRIP, CIVIL STATION, KOZHIKODE - 673020

¶2123

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2124

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2125

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2126

:-129:-

¶2127

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2128

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 613 OF 2014

¶2129

[AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014 IN LAR 65/2013 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2130

APPELLANT/1ST RESPONDENT IN LAR:

¶2131

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2132

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2133

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2134

1 NOOR MUHAMMED S/O.MUHAMMED SULTHAN, THANNEERPANTHAL HOUSE P.O MERIKUNNU, KOZHIKODE 673 001.

¶2135

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695 001.

¶2136

3 THE CO-ORDINATOR KCRIP, CIVIL STATION, KOZHIKODE 673 001.

¶2137

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD R2 & R3

¶2138

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2139

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2140

:-130:-

¶2141

¶2142

LA.APP. NO. 703 OF 2014

¶2143

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 54/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2144

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2145

STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2146

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2147

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶2148

1 K.P.SUBRAMANIYAN, S/O.PACHAN, TAI PANANGAD HOUSE, P.O.MERIKKUNNU, KOZHIKODE DISTRICT-673701

¶2149

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶2150

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673701

¶2151

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1

¶2152

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2153

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2154

:-131:-

¶2155

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2156

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 713 OF 2014

¶2157

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 106/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2158

APPELLANT/1ST RESPONDENT IN LAR:

¶2159

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2160

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2161

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2162

1 SREEVALSAN, S/O.CHANDUKUTTY, SREEMANGALAM, P.O.CHEVAYOOR, KOZHIKODE DISTRICT-673017

¶2163

2 P.M.SHEEBA, S/O.P.M.DAMODHARAN, 'SREEMANGALAM, P.O.CHEVAYOOR, KOZHIKODE DISTRICT-673017

¶2164

3 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURA-695001

¶2165

4 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020

¶2166

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1 & R2 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R3

¶2167

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2168

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2169

:-132:-

¶2170

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2171

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2172

LA.APP. NO. 721 OF 2014

¶2173

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 52/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2174

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2175

STATE OF KERALA

¶2176

REP BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2177

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2178

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶2179

1 INDIRA T., W/O. BHASKARAN,"MANI MANDIRAM",P.O MERIKUNNU,KOZHIKODE DISTRICT 673 020

¶2180

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695 001

¶2181

3 THE EXECUTIVE ENGINEER PWD,KCRIP,CIVIL STATION,KOZHIKODE 673 020

¶2182

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD

¶2183

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2184

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2185

:-133:-

¶2186

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2187

PRESENT

¶2188

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2189

¶2190

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2191

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2192

LA.APP. NO. 722 OF 2014

¶2193

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 46/2012 OF PRINCIPAL SUB COURT, KOZHIKODE}

¶2194

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2195

STATE OF KERALA

¶2196

REP BY THE SPECIAL TAHSILDAR(L.A), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2197

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2198

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶2199

1 JOSEPH A.C., S/O.CHACKO ALUNKAL HOUSE,P.O MERIKUNNU, KOZHIKODE DISTRICT - 673020

¶2200

2 THE CHIEF OPERATING OFFIER, KERALA RAOD FUND BOARD, THIRUVANANTHAPURAM - 695001

¶2201

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673020

¶2202

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD, FOR R2 & R3

¶2203

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2204

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2205

:-134:-

¶2206

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2207

PRESENT

¶2208

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2209

¶2210

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2211

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2212

LA.APP. NO. 724 OF 2014

¶2213

[AGAISNT THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 3/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2214

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2215

STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2216

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2217

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶2218

1 RAJEEV

¶2219

S/O.CHANDRAN, 'POOLAKAL', P.O.MERIKKUNNU, KOZHIKODE DISTRICT. 673 020.

¶2220

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM. 695 001.

¶2221

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶2222

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2

¶2223

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2224

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2225

:-135:-

¶2226

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2227

PRESENT

¶2228

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2229

¶2230

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2231

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2232

LA.APP. NO. 729 OF 2014

¶2233

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 95/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2234

APPELLANT/1ST RESPONDENT IN LAR:

¶2235

STATE OF KERALA

¶2236

REP. BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2237

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2238

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2239

1 RAFEEK K.K., S/O.SAIDALAVI HAJI, EYYAKANDI HOUSE, KOVOOR, P.O.MEDICAL COLLEGE, KOZHIKODE-673008.

¶2240

2 THE CHIEF ENGINEER

¶2241

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶2242

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020.

¶2243

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1

¶2244

SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3

¶2245

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2246

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2247

:-136:-

¶2248

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2249

PRESENT

¶2250

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2251

¶2252

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2253

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2254

LA.APP. NO. 739 OF 2014

¶2255

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 51/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2256

APPELLANT/1ST RESPONDENT IN LAR:

¶2257

STATE OF KERALA

¶2258

REP.BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2259

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2260

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2261

1 SAROJINI V. W/O. RARUKUTTY, METHEL POYIL, P.O.KIZHAKUMMURI, KAKKODI VIA, KOZHIKODE DISTRICT-673 611.

¶2262

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶2263

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶2264

BY ADVS.

¶2265

SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD FOR R2

¶2266

SRI.K.A.SALIL NARAYANAN (SR.) R4,R5 AND R6.

¶2267

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2268

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2269

:-137:-

¶2270

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2271

PRESENT

¶2272

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2273

¶2274

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2275

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2276

LA.APP. NO. 747 OF 2014

¶2277

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 48/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2278

APPELLANT/1ST RESPONDENT IN LAR:

¶2279

STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA),KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2280

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2281

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2282

1 MUHAMMED A. S/O.KOYAMUTTY, SHIFAD MANZIL, P.O.MERIKKUNNU, KOZHIKODE DISTRICT-673012.

¶2283

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶2284

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KSRIP, CIVIL STATION, KOZHIKODE-673001.

¶2285

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1

¶2286

SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3

¶2287

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2288

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2289

:-138:-

¶2290

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2291

PRESENT

¶2292

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2293

¶2294

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2295

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2296

LA.APP. NO. 792 OF 2014

¶2297

[AGAINST THE JUDGMENT & DECREE DATED 30.03.2013 IN LAR 59/2012 OF PRINCIPAL SUB COURT, KOZHIKODE

¶2298

APPELLANT/1ST RESPONDENT IN LAR:

¶2299

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2300

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2301

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2302

1 JOSEPH P.J S/O.JOSEPH,STACE, PO MERIKUNNU, KOZHIKODE DISTRICT 673 701.

¶2303

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD ,THIRUVANANTHAPURAM 695 001.

¶2304

3 THE ASSISTANT EXECUTIVE ENGINEER PWD ,KCRIP,KOZHIKODE 673 701. BY ADVS. SRI.SALIL NARAYANAN.K.A. FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD, FOR R2 & R3

¶2305

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2306

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2307

:-139:-

¶2308

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2309

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 794 OF 2014

¶2310

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 76/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2311

APPELLANT/1ST RESPONDENT IN LAR:

¶2312

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶2313

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2314

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2315

1 P.K.KRISHNAVARMA, S/O.M.C.KRISHNAN NAMBOODIRI, KRISHNAVILAS HOUSE IN KALPRATH PARAMBA, P.O.CHEVAYOOR, CHEVAYOOR VILLAGE, KOZHIKODE TALUK - 673 017.

¶2316

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶2317

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.

¶2318

BY ADVS. SMT.DEEPA NARAYANAN} FOR R1 SRI.K.JAYESH MOHANKUMAR} FOR R1 SRI.PUSHPARAJAN KODOTH} FOR R1 SRI.T.SETHUMADHAVAN (SR.)} FOR R1 SMT.VANDANA MENON} FOR R1 SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD FOR R2&R3 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 &R3

¶2319

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2320

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2321

:-140:-

¶2322

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2323

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2324

LA.APP. NO. 796 OF 2014

¶2325

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 75/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2326

APPELLANT/1ST RESPONDENT IN LAR:

¶2327

STATE OF KERALA

¶2328

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2329

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2330

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2331

1 P.K.KRISHNAVARMA S/O.M.C. KRISHNAN NAMBOODIRI, KRISHNAVILAS HOUSE IN KALPRATH PARAMBA, P.O. CHEVAYOOR, CHEVAYOOR VILLAGE, KOZHIKODE TALUK-671533

¶2332

2 THE CHIEF OPERATING OFFICER

¶2333

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶2334

3 THE ASSISTANT EXECUTIVE ENGINEER P.W.D, KCRIP, CIVIL STATION, KOZHIKODE.

¶2335

BY ADVS. SRI.T.SETHUMADHAVAN (SR.) FOR R1 SMT.DEEPA NARAYANAN FOR R1

¶2336

SRI.PUSHPARAJAN KODOTH FOR R1

¶2337

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2338

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2339

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2340

:-141:-

¶2341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2342

PRESENT

¶2343

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2344

¶2345

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2346

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2347

LA.APP. NO. 797 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 60/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2348

APPELLANT/1ST RESPONDENT IN LAR:

¶2349

STATE OF KERALA

¶2350

REPRESENTED BY THE SPECIAL TAHSILDAR ((LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHZIKODE.

¶2351

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2352

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2353

1 K.MUHAMMED

¶2354

S/O.ASSANKOYA, 'MUKESATH' P.O., MERIKKUNNU, KOZHIKODE DISTRICT-673 020.

¶2355

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶2356

3 THE EXECUTIVE ENGINEER, PWD, KCRIP, KOZHIKODE-673 001.

¶2357

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2358

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2359

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2360

:-142:-

¶2361

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2362

PRESENT

¶2363

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2364

¶2365

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2366

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2367

LA.APP. NO. 799 OF 2014

¶2368

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 65/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2369

APPELLANT/1ST RESPONDENT IN LAR:

¶2370

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2371

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2372

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2373

1 K.P.ABDUL SAMED, S/O UMMER KOYA, “NISHAL”, P.O.MERIKKUNNU, KOZHIKODE DISTRICT – 673012

¶2374

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BAORD, THIRUVANANTHAPRUAM – 695001

¶2375

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE-673020

¶2376

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2377

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2378

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2379

:-143:-

¶2380

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2381

PRESENT

¶2382

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2383

¶2384

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2385

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2386

LA.APP. NO. 800 OF 2014

¶2387

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 57/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2388

APPELLANT/1ST RESPONDENT IN LAR:

¶2389

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2390

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2391

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2392

1 SULOCHANA M., W/O.MADHAVAN MASTER, "SULO NIVAS", P.O.MERIKKUNNU, KOZHIKODE DISTRICT - 673 701.

¶2393

2 THE CHIEF OPERATING OFFICER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶2394

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 701.

¶2395

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2396

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2397

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2398

:-144:-

¶2399

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2400

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 809 OF 2014

¶2401

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 49/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2402

APPELLANT/1ST RESPONDENT IN LAR:

¶2403

STATE OF KERALA

¶2404

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITGY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2405

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2406

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2407

1 NOOR MUHAMMED

¶2408

S/O LATE MUHAMMED SULTHAN, THANNER PANTHAL HOUSE P.O, MERIKKUNNU, KOZHIKODE DISTRICT 673012

¶2409

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPRUAM 695001

¶2410

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, KOZHIKODE 673001

¶2411

BY ADVS.

¶2412

SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3

¶2413

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2414

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2415

:-145:-

¶2416

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2417

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2418

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 810 OF 2014

¶2419

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 55/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2420

APPELLANT/1ST RESPONDENT IN LAR:

¶2421

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2422

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2423

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2424

1 KRISHNADAS M., S/O MADHAVAN, “KRIPA”, P.O MERIKKUNNU, KOZHIKODE DISTRICT 673701

¶2425

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD THIRUVANANTHAPURAM 695001

¶2426

3 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE 673701

¶2427

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3

¶2428

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2429

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2430

:-146:-

¶2431

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2432

PRESENT

¶2433

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2434

¶2435

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2436

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2437

LA.APP. NO. 812 OF 2014

¶2438

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 74/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2439

APPELLANT/1ST RESPONDENT IN LAR:

¶2440

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶2441

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2442

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2443

1 P.K.RAJESWARI, W/O A.V.NANDANAN, KAIRALI HOUSE, “KALPRATH”, PARAMBA, P.O, CHEVAYOOR, CHEVAYOOR VILLAGE, KOZHIKODE TALUK 673017

¶2444

2 THE CHIEF OPERATING OFFICER

¶2445

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695001

¶2446

3 THE ASSISTANT EXECUTIVE ENGINEER PWD KCRIP, CIVIL STATION, KOZHIKODE 673020

¶2447

BY ADV SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD R2 &R3

¶2448

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2449

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2450

:-147:-

¶2451

¶2452

LA.APP. NO. 813 OF 2014

¶2453

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 99/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2454

APPELLANT/1ST RESPONDENT IN LAR:

¶2455

STATE OF KERALA, REPRESENTED BY THE SPECIAL TASHSILDAR (LA), KCRIP, KOZHIKODE

¶2456

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2457

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2458

1 DINESH S/O MANHAKKARA ANDI, BANSURI HOUSE, MAKKANAMTHARA NILAM PARAMBA, CHEVAYUR, KOZHIKODE 673017

¶2459

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695001

¶2460

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE 673001

¶2461

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1

¶2462

SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SMT.VANDANA MENON FOR R1

¶2463

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD-R2 & R3

¶2464

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2465

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2466

:-148:-

¶2467

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2468

PRESENT

¶2469

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2470

¶2471

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2472

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2473

LA.APP. NO. 814 OF 2014

¶2474

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 50/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2475

APPELLANT/1ST RESPONDENT IN LAR:

¶2476

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2477

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2478

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2479

1 VISHNU KUMAR

¶2480

S/O.CHANDRAPALAN, 'VASANTHA VIHAR' P.O., MERIKKUNNU, KOZHIKODE DISTRICT - 673 012.

¶2481

2 THE CHIEF OPERATING OFFICER

¶2482

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶2483

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, KOZHIKODE - 673 001.

¶2484

BY ADVS.

¶2485

SRI.SALIL NARAYANAN.K.A. FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2486

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2487

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2488

:-149:-

¶2489

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2490

PRESENT

¶2491

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2492

¶2493

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2494

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2495

LA.APP. NO. 815 OF 2014

¶2496

[AGAINST THE JUDGMENT AND DECREE DATED 30/03/2013 in LAR 82/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2497

APPELLANT:

¶2498

STATE OF KERALA

¶2499

REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶2500

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2501

RESPONDENTS:

¶2502

1 MARAKKARKUTTY, S/O. LATE MOIDUTTY, KARAKUNUMEL HOUSE, P.O.CHEVAYUR, KOZHIKODE DISTRICT-673 017.

¶2503

2 K.MUHAMMED

¶2504

S/O. LATE MOIDUTTY, KARAKUNNUMEL HOUSE, P.O.CHEVAYUR, KOZHIKODE DISTRICT-673 017.

¶2505

3 KADEESA

¶2506

W/O. ABOOBACKER, SANTHIRUTHI, VAYAL HOUSE, P.O.MALIKKADAVU, KOZHIKODE DISTRICT-673 017.

¶2507

4 SAFIYA W/O. IBRAHIM KUTTY, KARAKUNNUMEL HOUSE, P.O.CHEVAYUR, KOZHIKODE DISTRICT-673 017.

¶2508

5 MUHAMMADALI

¶2509

S/O. LATE MOIDUTTY, KARAKUNNUMEL HOUSE, P.O.CHEVAYUR, KOZHIKODE DISTRICT-673 017.

¶2510

6 SULEIKA, W/O. HAMSA,FASANA MANZIL,

¶2511

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2512

:-150:-

¶2513

P.O.ERANHIKKAL, KOZHIKODE DISTRICT-673 303.

¶2514

7 ABOOBACKER S/O. LATE MOIDUTTY, KARAKUNNUMEL HOUSE, P.O.CHEVAYUR, KOZHIKODE DISTRICT-673 017.

¶2515

8 SHAHIDA, W/O. ABDUL MAJEED, PUTOORKONAM PARAMBA, P.O.KOMMERI, KOZHIKODE DISTRICT-673 007.

¶2516

9 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695 001.

¶2517

10 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673 020.

¶2518

BY ADVS. SRI.SALIL NARAYANAN.K.A. FOR R1 TO R8 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R9 AND R10

¶2519

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2520

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2521

:-151:-

¶2522

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2523

PRESENT

¶2524

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2525

¶2526

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2527

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2528

LA.APP. NO. 816 OF 2014

¶2529

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 86/2012

¶2530

OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2531

APPELLANT/1ST RESPONDENT IN LAR:

¶2532

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2533

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2534

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2535

1 KERALA DASAN, S/O.UNNEERI, PUTHALATHINKARA, NELLIKODE VILLAGE, KOVOOR DESAM, KOZHIKODE: 673 016. 2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001. 3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020. BY ADVS. SRI.T.SETHUMADHAVAN SR. SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD-R2 & R3

¶2536

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2537

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2538

:-152:-

¶2539

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2540

PRESENT

¶2541

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2542

¶2543

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2544

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2545

LA.APP. NO. 817 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 77/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2546

APPELLANT/1ST RESPONDENT IN LAR:

¶2547

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2548

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶2549

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2550

1 M.K. BHARATHAN S/O.SANKARAN, 'JISHUS' HOUSE, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE-673016.

¶2551

2 THE CHIEF OPERATING OFFICER

¶2552

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶2553

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE-673020.

¶2554

BY ADVS.

¶2555

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN SR. FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2556

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2557

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2558

:-153:-

¶2559

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2560

PRESENT

¶2561

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2562

¶2563

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2564

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2565

LA.APP. NO. 819 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 81/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2566

APPELLANT/1ST RESPONDENT IN LAR:

¶2567

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶2568

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2569

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2570

1 PALAKKAD SUBAIDA W/O.NAMBRUKANDIYIL MAMMI,KANIYATH THAZHAM NILAM POTTA,CHEVAYOOR VILLAGE,KOZHIKODE-673017.

¶2571

2 THE CHIEF OPERATING OFFICER

¶2572

KERALA ROAD FUND BOARD,THIRUVANANTHAPURAM-695001.

¶2573

3 THE ASSISTANT EXECUTIVE ENGINEER PWD,KCRIP,CIVIL STATION,KOZHIKODE-673020.

¶2574

BY ADVS. SRI.T.SETHUMADHAVAN, SR. FOR R1

¶2575

SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2576

SMT.VANDANA MENON FOR R1

¶2577

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2578

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2579

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2580

:-154:-

¶2581

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2582

PRESENT

¶2583

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2584

¶2585

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2586

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2587

LA.APP. NO. 820 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 66/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2588

APPELLANT/1ST RESPONDENT IN LAR:

¶2589

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2590

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2591

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2592

1 AFSAL ABDUL RASHEED S/O.ABDUL RASHEED,P.O,MERIKKUNNU,KOZHIKODE DISTRICT673020.

¶2593

2 SHAMLA RASHEED W/O.AFSAL ABDUL RASHEED,P.O.MERIKKUNNU,KOZHIKODE DISTRICT-673020.

¶2594

3 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD,THIRUVANANTHAPURAM-695001.

¶2595

4 THE ASSISTANT EXECUTIVE ENGINEEER PWD, KCRIP, KOZHIKODE – 673 701

¶2596

BY ADVS.

¶2597

SRI.K.A.SALIL NARAYANAN FOR R1 & R2

¶2598

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD

¶2599

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2600

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2601

:-155:-

¶2602

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2603

PRESENT

¶2604

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2605

¶2606

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2607

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2608

LA.APP. NO. 821 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 73/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2609

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2610

STATE OF KERALA

¶2611

REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶2612

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER ADVOCATE GENERAL

¶2613

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶2614

1 P.SADANANDAN, S/O.K.NARAYANAN, PULIYANKIL "SAYOOJYAM", NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE- 673 701.

¶2615

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM- 695 001.

¶2616

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE – 673 701.

¶2617

BY ADVS.

¶2618

SRI.T.SETHUMADHAVAN (SR.) FOR R1

¶2619

SMT.DEEPA NARAYANAN FOR R1

¶2620

SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2621

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3 SMT.VANDANA MENON FOR R1

¶2622

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2623

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2624

:-156:-

¶2625

¶2626

LA.APP. NO. 822 OF 2014

¶2627

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 87/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2628

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2629

STATE OF KERALA

¶2630

REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KCRIP, KOZHIKODE.

¶2631

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER ADVOCATE GENERAL

¶2632

RESPONDENTS/CLAIMANT AND RESPONDENTS 2 & 3 IN L.A.R.:

¶2633

1 JANSI THOMAS

¶2634

W/O ELAVUNKAL THOMAS, KANIYARATH THAZHAM NILAM POTTA PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE, REPRESENTED BY P.A.HOLDER & HER HUSBAND E.V.THOMAS ELAVUMKAL HOUSE, NO.37, AYYAPPA NAGAR, CHEVAYUR -673 020

¶2635

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD,THIRUVANANTHAPURAM – 695 001.

¶2636

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE -673 701.

¶2637

BY ADVS.

¶2638

SRI.T.SETHUMADHAVAN SR. FOR R1

¶2639

SMT.DEEPA NARAYANAN FOR R1

¶2640

SRI.K.JAYESH MOHANKUMAR FOR R1

¶2641

SRI.PUSHPARAJAN KODOTH FOR R1

¶2642

SMT.VANDANA MENON FOR R1

¶2643

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 AND R3

¶2644

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2645

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2646

:-157:-

¶2647

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2648

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2649

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2650

LA.APP. NO. 823 OF 2014

¶2651

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 47/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2652

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2653

THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2654

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2655

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN L.A.R.:

¶2656

1 K.M. SHERLY, W/O.EVAROLD MORRIS, 'SUN SHERL' , P.O.MERIKKUNNU, KOZHIKODE-673020.

¶2657

2 THE CHIEF OPERATING OFFICER

¶2658

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶2659

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, KOZHIKODE-673001.

¶2660

BY ADVS.

¶2661

SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 AND R3

¶2662

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2663

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2664

:-158:-

¶2665

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2666

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2667

LA.APP. NO. 824 OF 2014

¶2668

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 88/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2669

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2670

STATE OF KERALA

¶2671

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2672

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2673

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶2674

1 K. JAYARAJ S/O.VARADOOR PANANKAVIL BALAKRISHNAN NAIR, 'PARDIPAM' HOUSE, KANIYARATH THAZHAM NILAM POTTA PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE - 671 533.

¶2675

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶2676

3 THE ASSISTANT EXECUTIVE ENGINEEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶2677

BY ADVS.

¶2678

SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2679

SMT.VANDANA MENON FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶2680

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2681

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2682

:-159:-

¶2683

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2684

PRESENT

¶2685

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2686

¶2687

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2688

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2689

LA.APP. NO. 828 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 82/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2690

APPELLANT/1ST RESPONDENT IN LAR:

¶2691

THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2692

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2693

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2694

*1 AMMADEVI @ CHERIYAMMA RAJA, (DECEASED) W/O.O.P.NARAYANAN NAMBOODIRIPAD, GREEN LAND, KUNNATHPOYIL THAZHAM, NILAM PARAMBA, CHEVAYUR VILLAGE KOZHIKODE - 673 017

¶2695

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695001.

¶2696

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE -673 001

¶2697

ADDL. R4 O.P NARAYANAN NAMBOODIRIPAD, H/O. AMMA DEVI @ CHERIYAMMA RAJA, AGED 76 YEARS, 'GREENLAND HOUSE', P.O. CHEVAYUR, KOZHIKODE-673017.

¶2698

ADDL. R5 K.K. MEENAKUMARI, AGED 52 YEARS, W/O. MURALEEDHARA VARMA, HOUSE NO.101, MADHUMATHI CO-OPERATIVE HOUSING SOCIETY, PLOT NO.33-34, NEW PANVEL SECTOR, RAIGAD, MAHARASHTRA.

¶2699

K.K. MAYA, AGED 49 YEARS, W/O.M.RAGHUKUMAR, UPASANA,

¶2700

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2701

:-160:-

¶2702

ADDL. R6 NENMINI PARAMBA, P.O.CHEVAYUR, KOZHIKODE-673017. 1ST RESPONDENT DIED AND ADDITIONAL RESPONDENTS 4 TO 6 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED FIRST RESPONDENT VIDE ORDER DATED 28.01.2019 IN I.A.1/2018. BY ADVS. SMT.N.DEEPA }FOR ADDL.R4 TO R6 SMT.DEEPA NARAYANAN}FOR R1 SRI.K.JAYESH MOHANKUMAR} FOR R1 SRI.PUSHPARAJAN KODOTH} FOR R1 SRI.T.SETHUMADHAVAN SR.} FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3 SMT.VANDANA MENON} FOR R1

¶2703

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2704

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2705

:-161:-

¶2706

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2707

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 831 OF 2014

¶2708

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 85/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2709

APPELLANT/1ST RESPONDENT IN LAR:

¶2710

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2711

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2712

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2713

1 PREMAKUMARI, D/O.KARTHIAYANI AMMA, KADANAMKUZHIYIL HOUSE, KADANAMKUZHI PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE, PIN - 673 017.

¶2714

2 PUSHPA, D/O.KARTHIAYANI AMMA, KADANAMKUZHIYIL HOUSE, KADANAMKUZHI PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE, PIN - 673 017.

¶2715

3 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM, PIN - 695 001.

¶2716

4 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE, PIN - 695 001. BY ADVS.

¶2717

SRI.T.SETHUMADHAVAN SR. }For R1 & R2 SMT.DEEPA NARAYANAN }For R1 & R2 SRI.K.JAYESH MOHANKUMAR }For R1 & R2 SRI.PUSHPARAJAN KODOTH }For R1 & R2 SMT.VANDANA MENON ]For R1 & R2 SRI.ZAKIR HUSSAIN (SC for KRFB)}For R3 }

¶2718

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2719

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2720

:-162:-

¶2721

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2722

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2723

LA.APP. NO. 832 OF 2014

¶2724

[AGAINST THE JUDGMENT AND DECREE DATED 30.08.2013 IN LAR 84/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2725

APPELLANT/1ST RESPONDENT IN LAR:

¶2726

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶2727

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2728

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2729

1 P.K SUNILVARMA S/O.RAJESWARI, "KAIRALI HOUSE", "KALPRATH" PARAMBA, P.O.CHEVAYOOR, CHEVAYOOR VILLAGE, KOZHIKODE TALUK, PIN - 673 021.

¶2730

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM, PIN - 695 001.

¶2731

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE, PIN - 673 020.

¶2732

BY ADVS.

¶2733

SRI.T.SETHUMADHAVAN (SR.),SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2734

SMT.VANDANA MENON FOR R1

¶2735

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2736

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2737

:-163:-

¶2738

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2739

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 833 OF 2014

¶2740

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 102/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2741

APPELLANT/1ST RESPONDENT IN LAR:

¶2742

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE

¶2743

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶2744

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2745

1 K.KUNHIMUHAMMED, S/O AHAMMEDKUTTY, PRIME ROSE HOUSE, MAKKANAMTHARA NILAM PARAMBA, CHEVAYUR, KOZHIKODE

¶2746

2 SAINABA BEEVI, D/O KASIM PILLA RAWTHER

¶2747

3 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM

¶2748

4 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE

¶2749

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1 & R2

¶2750

SMT.DEEPA NARAYANAN FOR R1 & R2 SRI.K.JAYESH MOHANKUMAR FOR R1 & R2 SRI.PUSHPARAJAN KODOTH FOR R1 & R2 SMT.VANDANA MENON FOR R1 & R2 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD- FOR R1 & R2

¶2751

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2752

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2753

:-164:-

¶2754

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2755

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2756

LA.APP. NO. 835 OF 2014

¶2757

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 79/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2758

APPELLANT/1ST RESPONDENT IN LAR:

¶2759

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE.

¶2760

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2761

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2762

1 C.SHAJEEV PULIYANKIL HOUSE, P.O. CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE.

¶2763

2 C.SHEEJA PULIYANKIL HOUSE, P.O.CHEVAYUR, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE.

¶2764

3 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶2765

4 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE. BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1 & R2

¶2766

SMT.DEEPA NARAYANAN SRI.K.JAYESH MOHANKUMAR

¶2767

SRI.PUSHPARAJAN & SMT.VANDANA MENON

¶2768

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2769

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2770

:-165:-

¶2771

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2772

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2773

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 842 OF 2014

¶2774

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 72/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2775

APPELLANT/RESPONDENT IN L.A.R.:

¶2776

STATE OF KERALA, REP.BY SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2777

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2778

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶2779

1 P.VIJAYAKUMAR, S/O.PARAPPOL SANKUNNI PANICKER, THAZHE KAIPRATH PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE - 673 001.

¶2780

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶2781

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 020.

¶2782

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1

¶2783

SMT.DEEPA NARAYANAN FOR R1

¶2784

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2785

SMT.VANDANA MENON FOR R1

¶2786

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2787

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2788

:-166:-

¶2789

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2790

PRESENT

¶2791

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2792

¶2793

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2794

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2795

LA.APP. NO. 843 OF 2014

¶2796

[AGAINST JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 53/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2797

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2798

STATE OF KERALA,

¶2799

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2800

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2801

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶2802

1 O.J.ANTONY, S/O.JOSEPH, 'OOROTH' P.O.MERIKKUNNU, KOZHIKODE DISTRICT-673020

¶2803

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001

¶2804

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, KOZHIKODE-673001

¶2805

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1

¶2806

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2807

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2808

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2809

:-167:-

¶2810

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2811

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2812

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 844 OF 2014

¶2813

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 89/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2814

APPELLANT/1ST RESPONDENT IN L.A.R.:

¶2815

STATE OF KERALA

¶2816

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2817

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2818

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN L.A.R.:

¶2819

*1 AMMADEVI @ CHERIYAMMA RAJA, W/O.O.P.NARAYANAN NAMBOODIRIPAD, 'GREEN LAND', KUNNATHPOYIL THAZHAM NILAM PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE-673017.

¶2820

(DIED AND LEGAL HEIRS IMPLEADED)

¶2821

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶2822

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673001.

¶2823

ADDL.R4 O.P.NARAYANAN NAMBOODIRIPAD S/O.GOVINDAN NAMBOOTHIRIPADE, GREEN LAND, IRINGADANPALLY ROAD, CHEVAYUR P.O., KOZHIKODE-673 017.

¶2824

ADDL.R5 K.K.MEENAKUMARI, AGED 52 YEARS,W/O.MURALEEDHARA VARMA, HOUSE NO.101, SECTOR 4 MADHUMATHI CO-OPERATIVE HOUSING SOCIETY, PLOT NO.33-34, NEW PANVEL SECTOR 4, RAIGAD, MAHARASHTRA.

¶2825

ADDL.R6 K.K.MAYA, AGED 49 YEARS ,W/O.M.RAGHUKUMAR,UPASANA, NENMINI PARAMBA P.O., IRINGADANPALLI ROAD CHEVAYUR, KOZHIKODE-673 017.

¶2826

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2827

:-168:-

¶2828

1ST RESPONDENT DIED AND HER LEGAL REPRESENTATIVES ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 TO 6 VIDE ORDER DATED 28/01/2019 IN I.A.1/2018.

¶2829

BY ADVS.

¶2830

SRI.T.SETHUMADHAVAN SR. FOR ADDL.R4 TO R6 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2831

SMT.DEEPA NARAYANAN FOR ADDL.R4 TO R6 SMT.VANDANA MENON FOR R1 SRI.ZAKIR HUSSAIN FOR R2 & R3

¶2832

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2833

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2834

:-169:-

¶2835

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2836

PRESENT

¶2837

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2838

¶2839

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2840

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2841

LA.APP. NO. 846 OF 2014

¶2842

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 90/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2843

APPELLANT/1ST RESPONDENT IN LAR:

¶2844

STATE OF KERALA

¶2845

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2846

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶2847

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2848

1 V V SANTHAKUMARI, W/O.SASIDHARAN PILLAI (LATE), RUGMINI NIVAS, KADANNANKUZHI NILAM PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE - 673 017.

¶2849

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶2850

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 001.

¶2851

BY ADVS. SMT.DEEPA NARAYANAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.VANDANA MENON FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2852

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2853

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2854

:-170:-

¶2855

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2856

PRESENT

¶2857

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2858

¶2859

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2860

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2861

LA.APP. NO. 847 OF 2014

¶2862

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 101/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2863

APPELLANT/1ST RESPONDENT IN LAR:

¶2864

STATE OF KERALA

¶2865

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2866

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2867

RESPONDENTS/CLAIMANTS AND RESPONDENTS 2&3 IN LAR:

¶2868

1 DR. HARISH M.T., S/O.M.T.K.MOHAMMED, 30/222 A, "BLESSING", KOVOOR - VELLIMADUKUNNU ROAD, P.O.CHEVAYOOR - 673 017, KOZHIKODE DISTRICT.

¶2869

2 DR.SHEEBA M.M, W/O.DR.HARISH M.T, 30/222 A, "BLESSING", KOVOOR -VELLIMADUKUNNU ROAD, P.O.CHEVAYOOR - 673 017, KOZHIKODE DISTRICT.

¶2870

3 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695 001.

¶2871

4 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE - 673 001.

¶2872

BY ADVS.

¶2873

SRI.K.A.SALIL NARAYANAN FOR R1 & R2

¶2874

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R3

¶2875

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2876

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2877

:-171:-

¶2878

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2879

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 848 OF 2014

¶2880

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 78/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2881

APPELLANT/1ST RESPONDENT IN LAR:

¶2882

STATE OF KERALA

¶2883

REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE 673 001.

¶2884

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2885

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2886

1 KERALA DASAN S/O.UNNEERI,PUTHALATHINKARA ,NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE 673 017.

¶2887

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695 001.

¶2888

3 THE ASSITANT EXECUTIVE ENGINEER PWD ,KCRIP,CIVIL STATION, KOZHIKODE 673 001.

¶2889

BY ADVS.

¶2890

SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2891

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD (R2 & R3) SMT.VANDANA MENON FOR R1

¶2892

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2893

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2894

:-172:-

¶2895

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2896

PRESENT

¶2897

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2898

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2899

LA.APP. NO. 849 OF 2014

¶2900

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 96/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2901

APPELLANT/1ST RESPONDENT IN LAR:

¶2902

STATE OF KERALA

¶2903

REPRESENTED BY THE SPECIAL TAHSILDAR(LA) KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT, KOZHIKODE

¶2904

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2905

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2906

1 KALAPPURATH RAMANI, W/O.KARIMUTHIL RAGHAVAN, CHEMBAKASSERI THAZHAM,NILAM PARAMBA, CHEVAYUR VILLAGE, KOZHIKODE 673 017

¶2907

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695 001.

¶2908

3 THE ASSISTANT EXECUTIVE ENGINEER PWD KCRIP CIVIL STATION, KOZHIKODE 673 020.

¶2909

BY ADVS. SMT.DEEPA NARAYANAN }FOR R1 SRI.K.JAYESH MOHANKUMAR}FOR R1 SRI.PUSHPARAJAN KODOTH }FOR R1 SRI.T.SETHUMADHAVAN SR.}FOR R1 SRI.ZAKIR HUSSAIN, STANDING COUSNEL FOR R2 AND R3 SMT.VANDANA MENON} FOR R1

¶2910

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2911

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2912

:-173:-

¶2913

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2914

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 850 OF 2014

¶2915

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 98/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2916

APPELLANT/1ST RESPONDENT IN LAR:

¶2917

STATE OF KERALA

¶2918

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2919

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2920

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2921

1 P.P.UNNIKRISHNAN @ RAJAN NAIR S/O NARAYANI AMMA, SARANGI HOUSE, EDAKKATTUPADI NILAM, PARABA, NELLIKODE, KOVOOR, KOZHIKODE

¶2922

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM

¶2923

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE

¶2924

BY ADVS. SRI.K.JAYESH MOHANKUMAR} SRI.PUSHPARAJAN KODOTH } FOR R1 SRI.T.SETHUMADHAVAN SR.} SRI.ZAKIR HUSSAIN, STANDING COUNSEL FOR R2 AND R3

¶2925

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2926

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2927

:-174:-

¶2928

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2929

PRESENT

¶2930

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2931

¶2932

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2933

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2934

LA.APP. NO. 851 OF 2014

¶2935

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 94/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2936

APPELLANT/1ST RESPONDENT IN LAR:

¶2937

STATE OF KERALA

¶2938

REP BY THE SPECIAL TAHSILDAR(LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶2939

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶2940

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2941

1 SAKUNTHALA

¶2942

W/O.DAMODHARAN, 'SREEMANGALAM, KOVOOR-VELLIMADAKUNNU ROAD, P O CHEVAYUR, KOZHIKODE DIST.- 673701

¶2943

2 THE CHIEF ENGINEER

¶2944

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM -698001

¶2945

3 THE ASSISTNAT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE- 673 701

¶2946

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1

¶2947

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2948

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2949

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2950

:-175:-

¶2951

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2952

PRESENT

¶2953

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶2954

¶2955

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶2956

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2957

LA.APP. NO. 856 OF 2014 [AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 100/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2958

APPELLANT/1ST RESPONDENT IN LAR:

¶2959

STATE OF KERALA

¶2960

REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2961

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL.ADVOCATE GENERAL

¶2962

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2963

1 RAJESH.P., S/O.GOVINDAN, AGED 41 YEARS, VELLARAKKAT POIL, KOVOOR VELLIMADUKUNNU ROAD, P.O CHEVAYOOR, KOZHIKODE DISTRICT-673017

¶2964

2 THE CHIEF ENGINEER

¶2965

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM 695 001.

¶2966

3 THE ASSISTANT EXECUTIVE ENGINEER PWD KCRIP, KOZHIKODE. 673 020.

¶2967

BY ADV SRI.K.A.SALIL NARAYANAN FOR R1

¶2968

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2969

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2970

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2971

:-176:-

¶2972

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2973

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 857 OF 2014

¶2974

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 97/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2975

APPELLANT/1ST RESPONDENT IN LAR:

¶2976

STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2977

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2978

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2979

1 BABURAJAN, S/O.MANHAKKARA ANDI, AMBADI HOUSE, MAKKANAMTHARA NILAM PARAMBA, CHEVAYUR, KOZHIKODE 673 017.

¶2980

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANATHAPURAM-695001

¶2981

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673001 BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1 SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SMT.VANDANA MENON FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2

¶2982

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶2983

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶2984

:-177:-

¶2985

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶2986

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶2987

LA.APP. NO. 859 OF 2014

¶2988

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 80/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶2989

APPELLANT/1ST RESPONDENT IN LAR:

¶2990

STATE OF KERALA

¶2991

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶2992

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER ADVOCATE GENERAL

¶2993

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶2994

1 P.SOMAN, S/O.GOPALAN NAIR, REPRESENTED BY P.A.HOLDER AND HIS WIFE P.SUJATHA, KADANNAMKUZHI PARAMBA, CHEVAYUR VILLAGE, CHEVAYUR DESOM, KOZHIKODE.

¶2995

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM

¶2996

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE

¶2997

BY ADVS. SRI.T.SETHUMADHAVAN SR. FOR R1

¶2998

SMT.VANDANA MENON, SMT.DEEPA NARAYANAN FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1

¶2999

SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 &R3

¶3000

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3001

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3002

:-178:-

¶3003

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶3004

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 871 OF 2014

¶3005

[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2013 IN LAR 83/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3006

APPELLANT/1ST RESPONDENT IN LAR:

¶3007

STATE OF KERALA, RERPESENTED BY THE SPECIAL TAHSILDAR (LA),

¶3008

KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶3009

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶3010

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶3011

1 T.A ROSILY, W/O. M.P.JOSE, MEKKATTUKULAM HOUSE, NELLIKODE VILLAGE, KOVOOR DESOM, KOZHIKODE.

¶3012

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶3013

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶3014

R2 AND R3 BY SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD

¶3015

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3016

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3017

:-179:-

¶3018

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶3019

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 893 OF 2014

¶3020

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 58/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3021

APPELLANT/1ST RESPONDENT IN LAR:

¶3022

STATE OF KERALA

¶3023

REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶3024

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER

¶3025

RESPONDENTS/CLAIMANTS & RESPONDENTS 2&3 IN LAR:

¶3026

1 KUNJUMON S/O.LATE PHILIPHOS, "KOKKAIMADOM", P.O.MERIKKUNNU, KOZHIKODE DISTRICT-673012.

¶3027

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶3028

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, KOZHIKODE-673001.

¶3029

BY ADVS.

¶3030

SRI.K.A.SALIL NARAYANAN FOR R1

¶3031

SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD FOR R2 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R3

¶3032

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3033

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3034

:-180:-

¶3035

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶3036

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶3037

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶3038

LA.APP. NO. 898 OF 2014

¶3039

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 61/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3040

APPELLANT/1ST RESPONDENT IN LAR:

¶3041

STATE OF KERALA

¶3042

REP. BY SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶3043

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶3044

RESPONDENTS/CLAIMANT AND RESPODENTS 2&3 IN LAR:

¶3045

1 V. VASU MASTER, S/O.LATE PERACHUTTY, AGED 80 YEARS, “MINI HOME”, MERIKKUNNU, KOZHIKODE DISTRICT.

¶3046

2 THE CHIEF OPERATING OFFICER KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM.

¶3047

3 THE EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE.

¶3048

BY ADVS. SRI.K.A.SALIL NARAYANAN FOR R1 SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD FOR R2 & R3

¶3049

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3050

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3051

:-181:-

¶3052

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶3053

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 913 OF 2014

¶3054

[AGAINST THE JUDGMENT AND DECREE DATED 30.03.2013 IN LAR 104/2011 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3055

APPELLANT/1ST RESPONDENT IN LAR:

¶3056

STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE.

¶3057

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

¶3058

RESPONDENTS/CLAIMANT AND RESPONDENTS 2&3 IN LAR:

¶3059

1 M.K.SUNILKUMAR, S/O.APPU VAIDYAR.M., AGED 43 YEARS, "ARCHANA",VELLIMADAKUNNU

¶3060

ROAD,KOVOOR,P.O.CHEVARYOOR,KOZHIKODE DISTRICT-673020.

¶3061

2 THE CHIEF ENGINEER PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶3062

3 THE ASSISTANT EXECUTIVE ENGINEER PWD, KCRIP, CIVIL STATION, KOZHIKODE-673001.

¶3063

BY ADVS.

¶3064

SRI.K.A.SALIL NARAYANAN FOR R1

¶3065

SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD FOR R2 R2 AND R3 BY SRI.ZAKIR HUSSAIN, SC, KERALA ROAD FUND BOARD

¶3066

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3067

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3068

:-182:-

¶3069

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶3070

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 LA.APP. NO. 261 OF 2016

¶3071

[AGAINST THE JUDGMENT AND DECREE DATED 17.12.2015 IN LAR 26/2014 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3072

APPELLANTS/RESPONDENTS 1&2 IN L.A.R. :

¶3073

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE.

¶3074

2 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE

¶3075

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶3076

RESPONDENTS/CLAIMANTS & RESPONDENTS 3&4 IN L.A.R.:

¶3077

1 M.C.VASUDEVAN NAMBOODIRI S/O.LATE M.C.VASUDEVAN MAMBOODIRI,MOOTHAMANA, CHEMBAKASSERI ILLAM, CHEVAYOOR P.O., KOZHIKODE- 673 017.

¶3078

(DIED AND LEGAL HEIRS IMPLEADED)

¶3079

2 THE CHIEF EXECUTIVE OFFICER KERALA ROAD FUND BOARD, KOWDIAR, THIRUVANANTHAPURAM- 673 020.

¶3080

3 THE CO-ORDINATOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE- 695 5003.

¶3081

ADDL.R4 M.C.SAVITHRI ANTHARJANAM, W/O.M.C.VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERI ILLAM, CHEVAYOOR P.O., KOZHIKODE-17.

¶3082

ADDL.R5 M.C.MANOJ, S/O.M.C.VASUDEVAN NAMBOODIRI, MOOTHAMANA, CHEMBAKASSERI ILLAM, CHEVAYOOR P.O., KOZHIKODE-17.

¶3083

ADDL.R6 M.C.MINI, D/O.M.C.VASUDEVAN NAMBOODIRI,

¶3084

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3085

:-183:-

¶3086

MOOTHAMANA, CHEMBAKASSERI ILLAM, CHEVAYOOR P.O., KOZHIKODE-17.

¶3087

* 1ST RESPONDENT DIED AND LEGAL HEIRS IMPLEADED AS ADDITIONAL RESPONDENTS 4,5 AND 6 VIDE ORDER DATED 12/03/2019 IN I.A.NO.1 OF 2019

¶3088

BY ADVS. T.SETHUMADHAVAN (SR.) FOR R1 & R4 TO R6 SRI.KODOTH PUSHPARAJAN FOR R1 SMT.DEEPA NARAYANAN FOR R4 TO R6 SRI.K.JAYESH MOHANKUMAR FOR R1

¶3089

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3090

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3091

:-184:-

¶3092

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3093

PRESENT

¶3094

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3095

¶3096

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶3097

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶3098

LA.APP. NO. 692 OF 2013

¶3099

[AGAINST THE JUDGMENT AND DECREE IN LAR 3/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3100

APPELLANT:

¶3101

RAJEEV

¶3102

S/O. CHANDRAN, AGED 38 YRS., POOLAKAL, P.O.MARIKUNNU, KOZHIKODE DISTRICT.

¶3103

BY ADV SRI.K.A.SALIL NARAYANAN

¶3104

RESPONDENTS:

¶3105

1 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE673001.

¶3106

2 THE CHIEF ENGINEER

¶3107

PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶3108

3 THE ASST. EXECUTIVE ENGINEER

¶3109

P.W.D., K.C.R.I.P., KOZHIKODE-673001.

¶3110

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER FOR R1 TO R3

¶3111

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3112

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3113

:-185:-

¶3114

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3115

PRESENT

¶3116

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3117

¶3118

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶3119

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶3120

LA.APP. NO. 693 OF 2013

¶3121

[AGAINST THE JUDGMENT AND DECREE DTD. 30.03.2013 IN LAR 9/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3122

APPELLANT/CLAIMANT:

¶3123

V.RAVEENDRAN

¶3124

AGED 61 YEARS

¶3125

S/O.LATE CHEROOTY, SOUPARNIKA, P.O.MARIKUNNU, KOZHIKODE DISTRICT.

¶3126

BY ADV SRI.K.A.SALIL NARAYANAN

¶3127

RESPONDENTS/RESPONDENTS:

¶3128

1 THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE, 673001.

¶3129

2 THE CHIEF OPERATING OFFICER, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶3130

3 THE EXECUTIVE ENGINEER P.W.D., K.C.R.I.P., KOZHIKODE, 673001.

¶3131

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER FOR R1 TO R3

¶3132

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3133

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3134

:-186:-

¶3135

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3136

PRESENT

¶3137

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3138

¶3139

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶3140

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶3141

LA.APP. NO. 694 OF 2013

¶3142

[AGAINST THE JUDGMENT AND DECREE IN LAR 10/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3143

APPELLANT:

¶3144

SAJEEV KUMAR

¶3145

AGED 40 YEARS S/O. CHANDRAN, POOLAKKAL HOUSE, P.O., MARIKUNNU, KOZHIKODE DISTRICT.

¶3146

BY ADV SRI.K.A.SALIL NARAYANAN

¶3147

RESPONDENTS:

¶3148

1 THE SPECIAL TAHSILDAR (LA) KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE673001.

¶3149

2 THE CHIEF ENGINEER, PWD,

¶3150

KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001. 3 THE EXECUTIVE ENGINEER P.W.D., K.C.R.I.P., KOZHIKODE-673001.

¶3151

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER- R1 TO R3

¶3152

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3153

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3154

:-187:-

¶3155

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3156

PRESENT

¶3157

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3158

¶3159

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶3160

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶3161

CO NO. 121 OF 2014 IN LAA NO.335 OF 2014 [[AGAINST THE JUDGMENT AND DECREE DTD.30.10.2013 IN LAR 56/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3162

CROSS OBJECTOR/1ST RESPONDENT/CLAIMANT:

¶3163

K.ABDURAHIMANKUTTY,'JAMEELAS', MELKUNNU.P.O., KOZHIKODE -67370.

¶3164

BY ADV SRI.A.V.M.SALAHUDHEEN

¶3165

RESPONDENTS/APPELLANT/RESPONDENTS:

¶3166

1. STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE.

¶3167

2. THE CHIEF OPERATING OFFICER, KRF BOARD, THIRUVANANTHAPURAM -695001.

¶3168

3. THE EXECUTIVE ENGINEER, PWD, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, KOZHKODE -673701.

¶3169

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER

¶3170

THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3171

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3172

:-188:-

¶3173

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3174

PRESENT

¶3175

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3176

¶3177

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶3178

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 CO NO. 148 OF 2022 IN LAA NO.454 OF 2014 [against the judgment and decree dated 20.12.2013 in LAR 5/2012 of Principal Sub Court, Kozhikode]

¶3179

PETITIONER:

¶3180

MOIDU HAJI AGED 64 YEARS S/O MOOSA HAJI, KANNOTH HOUSE, VILLYAPPALLI AMSOM DESOM, VATAKARA TALUK, KOZHIKODE - 673103.

¶3181

BY ADV V.N.RAMESAN NAMBISAN

¶3182

RESPONDENTS:

¶3183

1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE - 673305.

¶3184

2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM - 695001.

¶3185

3 THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), KCRIP, CIVIL STATION, KOZHIKODE - 673020.

¶3186

BY SMT.N.SUDHADEVI, GOVERNMENT PLEADER FOR R1

¶3187

SRI.ZAKIR HUSSAIN,SC, FOR R2 AND R3

¶3188

THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3189

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3190

:-189:-

¶3191

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3192

PRESENT

¶3193

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶3194

¶3195

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶3196

FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

¶3197

CO NO. 17 OF 2022 in L.A.A.NO.429 OF 2014

¶3198

[AGAINST THE JUDGMENT & DECREE DTD.20.12.13 IN L.A.R.6/2012 OF PRINCIPAL SUB COURT, KOZHIKODE]

¶3199

CROSS OBJECTORS/RESPONDENTS 1 TO 4:

¶3200

1 AYISHA,

¶3201

D/O. MOIDU, KARTHIKAPALLY, P.O.VILLYAPPALLI, VATAKARA TALUK, KOZHIKODE-673103.

¶3202

2 MUHAMMED KASIM,

¶3203

S/O. MOIDEEN ABDUL KHADER HAJI, KARTHIKAPALLY, P.O.VILLYAPPALLI, VATAKARA TALUK, KOZHIKODE-673103.

¶3204

3 AYISHA, D/O. MOIDEEN ABDUL KHADER HAJI, KARTHIKAPALLY, P.O.VILLYAPPALLI, VATAKARA TALUK, KOZHIKODE-673103.

¶3205

4 SALMA,

¶3206

D/O. MOIDEEN ABDUL KHADER HAJI, KARTHIKAPALLY, P.O.VILLYAPPALLI, VATAKARA TALUK, KOZHIKODE-673103.

¶3207

BY ADV V.N.RAMESAN NAMBISAN

¶3208

RESPONDENTS/APPELLANT & RESPONDENTS 5 AND 6:

¶3209

1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KCRIP, KOZHIKODE-673305.

¶3210

2 THE CHIEF ENGINEER, PWD, KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM-695001.

¶3211

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD, KCRIP, CIVIL STATION, KOZHIKODE-683020.

¶3212

L.A.A.NO.815 OF 2014 AND CONNECT.CASES

¶3213

:-190:-

¶3214

BY SMT.N.SUDHADEVI, SPL.GOVERNMENT PLEADER FOR R1 SHRI.K.V.MANOJ KUMAR, SC FOR R2

¶3215

THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022 ALONG WITH LA.App.63/2018 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:

¶3216

A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.

¶3217

LA.App.	Nos.815 of 2014,
63/2018, 275/2015, 300/2015,	321/2015, 345/2015, 365/2015, 367/2015,
384/2015, 433/2015, 434/2015,	435/2015, 438/2015, 439/2015, 446/2015,
447/2015, 453/2015, 462/2015,	13/2017, 28/2017, 513/2015, 51/2017,
68/2017, 105/2017, 198/2017,	278/2017, 285/2017, 397/2017, 398/2017,
701/2013, 702/2013, 793/2013,	179/2014, 180/2014, 200/2014, 210/2014,
217/2014, 111/2016, 245/2014,	250/2014, 279/2014, 294/2014, 300/2014,
301/2014, 310/2014, 194/2016,	319/2014, 196/2016, 206/2016, 209/2016,
335/2014, 338/2014, 343/2014,	356/2014, 357/2014, 234/2016, 260/2016,
266/2016, 267/2016, 275/2016,	286/2016, 287/2016, 291/2016, 292/2016,
293/2016, 421/2014, 429/2014,	454/2014, 455/2014, 459/2014, 461/2014,
462/2014, 463/2014, 468/2014,	344/2016, 472/2014, 362/2016, 365/2016,
370/2016, 371/2016, 497/2014,	374/2016, 504/2014, 380/2016, 381/2016,
382/2016, 507/2014, 383/2016,	509/2014, 386/2016, 515/2014, 521/2014,
526/2014, 534/2014, 412/2016,	415/2016, 416/2016, 417/2016, 420/2016,
423/2016, 424/2016, 579/2014,	586/2014, 591/2014, 600/2014, 602/2014,
613/2014, 703/2014, 713/2014,	721/2014, 722/2014, 724/2014, 729/2014,
739/2014, 747/2014, 792/2014,	794/2014, 796/2014, 797/2014, 799/2014,
800/2014, 809/2014, 810/2014,	812/2014, 813/2014, 814/2014, 816/2014,
817/2014, 819/2014, 820/2014,	821/2014, 822/2014, 823/2014, 824/2014,
828/2014, 831/2014, 832/2014,	833/2014, 835/2014, 842/2014, 843/2014,
844/2014, 846/2014, 847/2014,	848/2014, 849/2014, 850/2014, 851/2014,
856/2014, 857/2014, 859/2014,	871/2014, 893/2014, 898/2014, 913/2014,
261/2016, 692/2013, 693/2013	, 694/2013, C.O. Nos.121/2014 in LAA
No.335/2014, 148/2022 in LAA 429/2014]	No.454/2014 and 17/2022 in LAA No.

¶3218

¶3219

Dated this the 23^rd day of December, 2022

¶3220

J U D G M E N T

¶3221

Shoba Annamma Eapen J :

¶3222

These Land Acquisition Appeals are filed under Section 54 of

¶3223

the Kerala Land Acquisition Act,1961 in respect of lands acquired for the

¶3224

purpose of widening of Kovoor-Vellimadukunnu Road, which is a project

¶3225

under Kozhikode City Road Improvement Project as per Notification

¶3226

LA.App. Nos.815/2014 and connected cases

¶3227

:-2-:

¶3228

dated 08.07.2010. C hallenging the enhanced compensation awarded in Land Acquisition Reference cases and dissatisfied with the compensation awarded, the State as well the claimants are in appeal.

¶3229

LAA Nos. 63/2018, 275/2015, 300/2015, 321/2015, 345/2015, 365/2015, 367/2015, 384/2015, 433/2015, 434/2015, 435/2015, 438/2015, 439/2015, 446/2015, 447/2015, 453/2015, 462/2015, 13/2017, 28/2017, 513/2015, 51/2017, 68/2017, 105/2017, 198/2017,

¶3230

278/2017,	285/2017,	793/2013,	179/2014,	180/2014,	200/2014,
210/2014,	217/2014,	111/2016,	245/2014,	250/2014,	279/2014,
294/2014,	300/2014,	301/2014,	310/2014,	194/2016,	319/2014,
196/2016,	206/2016,	209/2016,	335/2014,	338/2014,	343/2014,
356/2014,	357/2014,	234/2016,	260/2016,	266/2016,	267/2016,
275/2016,	286/2016,	287/2016,	291/2016,	292/2016,	293/2016,
421/2014,	429/2014,	454/2014,	455/2014,	459/2014,	461/2014,
462/2014,	463/2014,	468/2014,	472/2014,	362/2016,	365/2016,
370/2016,	371/2016,	497/2014,	374/2016,	504/2014,	380/2016,
381/2016,	382/2016,	507/2014,	383/2016,	509/2014,	386/2016,
515/2014,	521/2014,	526/2014,	534/2014,	412/2016,	415/2016,
416/2016,	417/2016,	420/2016,	423/2016,	424/2016,	579/2014,

¶3231

LA.App. Nos.815/2014 and connected cases

¶3232

:-3-:

¶3233

586/2014,	591/2014,	600/2014, 602/2014, 613/2014, 703/2014,
713/2014,	721/2014,	722/2014, 724/2014, 729/2014, 739/2014,
747/2014,	792/2014,	794/2014, 796/2014, 797/2014, 799/2014,
800/2014,	809/2014,	810/2014, 812/2014, 813/2014, 814/2014,
815/2014,	816/2014,	817/2014, 819/2014, 820/2014, 821/2014,
822/2014,	823/2014,	824/2014, 828/2014, 831/2014, 832/2014,
833/2014,	835/2014,	842/2014, 843/2014, 844/2014, 846/2014,
847/2014,	848/2014,	849/2014, 850/2014, 851/2014, 856/2014,
857/2014,	859/2014,	871/2014, 893/2014, 898/2014, 913/2014,
261/2016	are filed	by the State challenging the enhanced
compensat	ion, Cross	Objection Nos.121/2014 in LAA No.335/2014,
148/2022 i	n LAA No.4	54/2014 and 17/2022 in LAA No.429/2014 are
filed by th	e claimants	and LAA Nos..692/2013, 693/2013, 694/2013,
701/203, 7	02/2013, 34	4/2016, 397/2017 and 398/2017 are filed by the
claimants,	dissatisfied	with the compensation awarded by the
Reference	Court.

¶3234

We have heard Smt.N.Sudhadevi, learned Special Government Pleader (Land Acquisition) appearing for the State of Kerala, Sri.K.A.Salil Narayanan, the learned Counsel appearing for the

¶3235

LA.App. Nos.815/2014 and connected cases

¶3236

:-4-:

¶3237

appellants in L.A.A.Nos.701/2013,702/2013,692/2013,693/2013 and 694/2013, Sri.R.Bindu (Sasthamangalam), the learned counsel appearing for the appellants in L.A.A.No.344/2016, Sri.Vinod Singh Cherian, the learned counsel appearing for the appellants in L.A.A.Nos.397/2017 and 398/2017, Sri.A.V.M.Salahudin, the learned counsel appearing for the cross objector in C.O.No.121/2014 in L.A.A.No.335/2014 and Sri.V.N.Ramesan Nambisan, the learned counsel appearing for the cross objectors in C.O.No.148/2022 in L.A.A.No.454/2014 and C.O.17/2022 in L.A.A.No.429/2014.

¶3238

LAA No.815 of 2014 is treated as the main case. These

¶3239

cases have come up in batches totaling to 162 appeals including cross objections. The properties involved in all these appeals arise out of the same notification and are adjacent properties, acquired for the very same purpose. Hence we have heard the appeals together and are being disposed of by this common judgment. LAA No.815/2014 (LAR No.82/2011) is treated as the leading case and the evidence in this case consists of oral testimony of AW1, Exts. A1 to A3, Ext.R1 to R6 and Ext.X1 and X2.

¶3240

LA.App. Nos.815/2014 and connected cases

¶3241

:-5-:

¶3242

Properties in Sy.Nos.19/9,19/11,19/13,19/15,19/17,19/19,

¶3243

19/21,20/5,20/7,20/9,20/12,23/15,23/16,23/18,23/22,23/26,122/4,122/5, 213/4,213/7,214/4,214/14,159/4,194/2,226/5,230/8,230/10,230/11,232/ 5,234/6,234/8,234/9,234/11, 234/12, 234/13, 234/14, 236/9, 328/11,328/13,328/17,328/21, 328/23, 328/27, 329/8, 329/14, 329/15, 329/17,329/20,329/22,329/23 and 329/25 o f the Chevayur Village lying as garden lands and wet lands in the revenue records, which is in the heart of Kovoor Town and Vellimadukunnu Town were acquired for the purpose of widening of Vellimadukunnu-Kovoor Road, having a length of about 2 ½ Kms, pursuant to notifications issued under Section 4(1) of the Land Acquisition Act on 08.07.2010. The Land Acquisition Officer fixed the land value in respect of the acquired properties ranging from Rs.65,523/- to Rs.4,92,952/- per Are. The Reference Court enhanced and re-fixed the value between Rs.7,41,300/- per Are (Rs.3,00,000/- per cent) to Rs.9,88,400/- per Are (Rs.4,00,000/- per cent). Challenging the enhancement of the land value given by the Reference Court, the State has come up in appeal and aggrieved by the inadequacy of the award amount, the claimants have come up in appeal.

¶3244

LA.App. Nos.815/2014 and connected cases

¶3245

:-6-:

¶3246

Before the Reference Court, the claimants sought land value for the acquired lands ranging from Rs.12,00,000/- to Rs.15,00,000/per cent and before this Court, the appellants limited their claim for land value ranging from Rs.3,50,000/- to Rs.8,00,000/- per cent. Exts.A1 to A3 are the main documents placed on record by the claimants in support of their claims for enhanced amount before the Reference Court. The State has not produced any document to rely upon. For the purpose of the valuation of the acquired lands, the Land Acquisition Officer has classified the lands as real garden lands, wet lands, wet land converted into garden land and water logged land and has fixed different value to each properties. But the Reference Court while enhancing the award amount has classified the entire acquired properties as garden land.

¶3247

The learned Special Government Pleader for the State submits that for determination of market value, the Land Acquisition officer has verified the sale transactions that took place in the locality and adopted the transactions effected as per the document No.2539/2009 of the SRO, Chevayur as the basis for valuation. It is the most comparable sale document and property acquired are small strip of lands and building construction cannot be done in the acquired lands. It was

¶3248

LA.App. Nos.815/2014 and connected cases

¶3249

:-7-:

¶3250

further submitted that there was wide fluctuation of land value during the execution of Ext.A2 and A3 and that the Reference Court went wrong in treating all the properties as a single category and refixed the land value ranging from Rs.3,00,000/- to Rs.4,00,000/- per cent. It was also argued that the values shown in Ext.A2 and A3 are fancy prices and the amount awarded by the land acquisition officer was just and reasonable.

¶3251

Per contra, the learned counsel for the claimants submits that all the properties are situated within the distance of 2 ½ Km and are in highly developed area. The properties acquired are situated In the heart of Kovoor Town and Vellimadukunnu Town. Many important and commercial establishments such as banks, medical college, industrial complexes, churches, mosques, temples etc are situated near the acquired lands. The area is well developed and is very important for residential, industrial and commercial purposes. It was further submitted that considering the lie, nature, importance and market value

¶3252

of the properties, the compensation awarded by the Reference Court is very low and inadequate. The learned counsel further submits that the importance of acquired properties is more than that of the property

¶3253

LA.App. Nos.815/2014 and connected cases

¶3254

:-8-:

¶3255

covered by Exts.A1 to A3 documents. It was also submitted that the value fixed by the Reference Court is less and the claimants were entitled to get Rs.3,50,000/- to Rs.8,00,000/- per cent.

¶3256

The first issue to be considered is whether the classification of entire acquired lands into garden lands alone, by the Reference Court, was correct and reasonable. The learned Special Government Pleader appearing for the State submitted that the court below went wrong in treating all the properties as a single category. The learned counsel appearing for the claimants submitted that though in the village records, some of the acquired properties are classified as wet land, all the properties were lying as garden land at the time of acquisition. It is an admitted fact that the acquired lands are about a length of 2 ½Km only and are lying as a strip on both sides of the KovoorVellimadukunnu Road. The Advocate Commissioner in his report has stated that Government Law College, NGO Quarters, Chevayur Police Station, Fire Station, Armed Reserve Police Camp, Canara Bank Chevayur Branch, Nirmala Hospital, JDT Islam School and Polytechnic, Government Printing Press, Juvenile Court, Madhyamam Daily Printing Press, Medical College Calicut, Dental College Calicut, Institute of

¶3257

LA.App. Nos.815/2014 and connected cases

¶3258

:-9-:

¶3259

Maternal and Child Health, St.Joseph's College, St.Joseph's Church, Leprosy Hospital, Catholic Syrian Bank, Kovoor Branch, NGO Quarters High School, Amritanandamayi Temple, Iringadanpalli Temple, Kanhirathingal Juma Masjid etc. are within 1.5 to 2 kms radius of the acquired property. Further, it has come out in evidence that the acquired properties are in the heart of Kovoor Town and Vellimadukunnu Town. The Advocate Commissioner in Ext.X1 report has stated that all the properties, after acquisition, are lying as garden lands and he could notice kuzhikoors including coconut trees which are having approximate age of 10-25 years and in almost all properties, structures are there which appear to be old. In the report, it is further stated that the property, which is classified as water logged by the Land Acquisition Officer, at the time of inspection, was lying as garden land. No objections were filed to the commission report. Hence, we are of the opinion that merely because some of the acquired properties are classified as wetland in the village/revenue records, the acquired properties cannot be classified as wetland and we do not find any reason to interfere with the finding of the court below in classifying the acquired properties as a single category, garden land.

¶3260

LA.App. Nos.815/2014 and connected cases

¶3261

:-10-:

¶3262

The next point to be considered is whether the enhancement

¶3263

awarded by the Reference Court is to be set aside or whether it is just and reasonable or it has to be modified. The basis land which the Land Acquisition Officer adopted is Document No.2539/2009 dated 17.08.2009 of the SRO, Chevayur. The learned Special Government Pleader submitted that the land value fixed by the Land Acquisition Officer was reasonable and it was the prevailing rate at the time of acquisition. It is further submitted that Exts.A1 to A3 are postnotification documents and the claimants failed to prove the price of the lands remained static during the period between Section 4(1) notification and dates of execution of the documents relied upon. It was also submitted that the Advocate Commissioner has reported that the properties covered by Ext.A2 and A3 documents are very close to Kozhikode Town and situates around 2 ½ kms away from acquired land and hence the enhanced value fixed by the Reference Court is highly excessive and liable to be set aside. The learned counsel for the claimants, on the other hand, submitted that the acquired properties have high potential value, which lie in a most commercially, industrially, socially and culturally important area. The property involved in Ext.A2 is

¶3264

LA.App. Nos.815/2014 and connected cases

¶3265

:-11-:

¶3266

valued at Rs.12,00,000/- per cent and in Ext.A3 is Rs.5,25,000/- per cent and it is further submitted that the Advocate Commissioner has found that the market value of the property is Rs.13,00,000/- per cent and has stated that the land involved in basis land is not similar or similarly situated to that of the acquired land. It was thus submitted that the value fixed by the court below is too low and unreasonable and the claimants are entitled for an enhanced compensation.

¶3267

The Reference Court relying on the commission report found that the Kovoor-Vellimadukunnu road is a public road having mini bus route and it is a corridor road connecting Calicut-Wynad Road (NH 212) and Calicut-Mavoor-Medical College Road and the acquired properties are very near to important colleges, institutions, hospitals, churches, banks etc. The Reference Court, on the basis of the evidence, also found that the basis land cannot be relied upon since, the property mentioned in the basis land is abutting a cut road and there are no commercial or important institutions in the property covered as per the basis land and further found that the acquired properties are in a better position than the basis land as far as convenience and importance is concerned. It is clear from the evidence

¶3268

LA.App. Nos.815/2014 and connected cases

¶3269

:-12-:

¶3270

adduced and on the basis of the Advocate Commissioner's report that though the basis land document is dated 17.08.2009, it is not comparable to the acquired properties as far as the importance of locality and convenience is concerned. While considering the compensation to be awarded, it is important that the property acquired must be comparable to the basis land document. Merely because it is a document executed prior to the notification, the same cannot be relied upon if the nature, lie and importance of the property is not comparable. Moreover, the acquisition authorities have not adduced any evidence to establish that the basis land is similar and similarly situated to the acquired properties. Hence,we do not find any reason to interfere with the finding of the Reference Court in not adopting the basis land value in arriving at the market value of the acquired property.

¶3271

Ext.A1 relied on by the claimants is the certified copy of document No.4523/2010 dated 28.12.2010 of SRO, Chevayur, as per which, an extent of 23.75 cents of garden land comprised in Sy.No.178/6 of Chevayur Village has been sold for a total sale consideration of Rs.2,85,00,000/- and the value per cent is Rs.12,00,000/-. The Reference Court found that it is not proper to rely

¶3272

LA.App. Nos.815/2014 and connected cases

¶3273

:-13-:

¶3274

on Ext.A1 document to fix the land value on the basis of Ext.X1 report of the Advocate Commissioner, which states that the property is at Malaparamba abutting Calicut-Wynad road as well as Calicut-Ramanattukara by-pass and is about 3 kms. away from the acquired lands. Ext.A2 is the certified copy of document No.3801/2010 dated 01.11.2010 of SRO, Chevayur. This is also a post notification document, as per which, an extent of 10.9 cents of land has been sold for a total sale consideration of Rs.57,22,500/- and the centage value is Rs.5,25,000/-. The Advocate Commissioner has already reported in Ext.X1 report that the aforesaid property is situated approximately 2 kms to the west of Iringadanpalli junction, which is a part of Vellimadukunnu-Kovoor road. The Commissioner has further stated that comparing to acquired lands, Ext.A2 property is closer to Calicut city. Ext.A3 is the certified copy of document No.4079/2011 dated 31.10.2011 of SRO, Chevayur. This is also a post notification document. An extent of 8.40 cents of land has been sold for a total sale consideration of Rs.33,60,000/- and the centage value was Rs.4,00,000/-. In Ext.X1 report, the Advocate Commissioner has stated that the property covered by Ext.A3 is also situated at approximately

¶3275

LA.App. Nos.815/2014 and connected cases

¶3276

:-14-:

¶3277

2 kms. to the west of Iringadanpally junction, which is a part of Vellimadukunnu-Kovoor road, and comparing to the acquired lands, this property is also closer to Calicut city.

¶3278

The Reference Court, on the basis of evidence, found that Exts.A1 to A3 are post notification documents and the sale of land on or after the issue of Section 4(1) notification is stated to be the best piece of evidence for determining the market value of the acquired land. The Reference Court relied on Ext.A2 document as guideline for determining the market value of the acquired land since Ext.A2 document is four months after Section 4(1) notification and thus, taking into consideration the facts and circumstances of the case, the reference court fixed the land value ranging from Rs.3,00,000/- to Rs.4,00,000/- in all reference cases.

¶3279

In Ext.X1 report of the Advocate Commissioner, who have visited the acquired lands as well as the basis lands (the properties covered in Exts.A1 to A3 documents), it is stated that the acquired lands are situated in a highly developed area and the acquired lands abut Kovoor-Vellimadukunnu road, which is a public road having mini bus route and a corridor road connecting Calicut-Wynad road (NH 212)

¶3280

LA.App. Nos.815/2014 and connected cases

¶3281

:-15-:

¶3282

and Calicut-Mavoor-Medical College road. It is further stated that the Government Law College, NGO Quarters, Chevayur Police Station, Fire Station, Armed Reserve Police Camp, Canara Bank Chevayur Branch, Nirmala Hospital, JDT Islam School and Polytechnic, Govt. Printing Press, Juvenile Court, Madhyamam Daily Printing Press, Calicut Medical College, Calicut Dental College, Institute of Maternal & Child Health, St.Joseph's College, St.Joseph's Church, Leprosy Hospital, Catholic Syrian Bank - Kovoor Branch, NGO Quarters High School, Amritanandamayi Temple, Iringadanpalli Temple, Kanhirathingal Juma Masjid etc. are within 1.5 to 2 km.

¶3283

No objection has been filed to Ext.X1 report. Since there are no supporting documents to show the land value prior to Section 4(1) notification, in order to determine the market value of the acquired land, Exts.A2 & A3 and the potentiality of the land have to be taken into consideration. The Reference Court has stated in paragraph 58 of the common judgment in LAR No.82/2011 and connected cases that Ext.A2 is to be treated as a guideline for determining the market value of the acquired lands and the centage value is shown as Rs.4,00,000/which is factually incorrect whereas the centage value of Ext.A2

¶3284

LA.App. Nos.815/2014 and connected cases

¶3285

:-16-:

¶3286

document is Rs.5,25,000/-. Further, it has come out in evidence as well as on a perusal of Ext.X2 Sketch filed along with Ext.X1 commission report, that the property near to Vellimadukunnu Junction is near to Kozhikode-Wynad Road which is a National Highway and is having more potential value than the property in Kovoor Junction which is near to Calicut-Mavoor-Medical College road. Though the acquired properties are almost 3 kms. away from the Calicut City, it is in an important area, where there are commercial buildings, shops, banks, hospitals, colleges, churches etc. On a perusal of Ext.X2 Sketch, it is evident that the acquired properties are also in an important area with easy accessibility to Calicut-Mavoor-Medical College road and CalicutWynad road (NH 212). It is true that the claimants could not produce any document before the Section 4(1) notification, but, considering the nature and lie of the acquired property, the fact that it is in a highly important commercial area cannot be denied. Hence, while comparing the lie and nature of the property acquired, we are of the opinion that the property in and near Vellimadukunnu Junction has to be given more amount. It is submitted by the learned Special Government Pleader that the properties in respect of all the appeals and cross objection filed by the claimants are lying within the distance of 300 metres in and from

¶3287

LA.App. Nos.815/2014 and connected cases

¶3288

:-17-:

¶3289

Vellimadukunnu Junction towards Kovoor Junction. Since we have already stated that the entire property is included in a single category, we find that the amounts awarded by the Reference Court are not adequate and sufficient and have to be modified. Hence, we are of the view that interest of justice would be best met if the compensation amount of the properties involved in the above appeals and cross objections filed by the claimants are refixed and enhanced to Rs.4,50,000/- per cent. In LAA Nos.692/13, 693/13, 694/13, 701/13 the amount of compensation claimed in the appeal is only Rs.3,50,000/- per cent and in LAA No.702/13 the amount of compensation claimed in the appeal is only Rs.4,00,000/- per cent. In all other appeals and cross objections filed by the claimants, the amount of compensation claimed is Rs.4,50,000/- per cent and more.

¶3290

The learned Special Government Pleader has submitted that in all these appeals, advance possession was taken and awards were passed later and hence as per Section 23(1A) of the Land Acquisition Act, 1894, 12% additional land value can be given from the date of Sec.4(1) Notification till the date of taking possession of the properties. The Reference Court has given 12% additional land value from the date of Sec.4(1) notification till the date of award which is wrong. We find force in the argument. On verification of the records and awards, it is

¶3291

LA.App. Nos.815/2014 and connected cases

¶3292

:-18-:

¶3293

seen that the dates of awards are subsequent to the dates of taking possession of the land. Hence, the claimants are entitled to get 12% additional land value from the date of Section 4(1) notification till the date of taking possession of the land as per Section 23(1A) of the Land Acquisition Act, 1894.

¶3294

In the result, the Land Acquisition appeals are disposed of as follows:

¶3295

(a) In LAA Nos.692/13, 693/13, 694/13, 701/13, 702/13, 344/16, 397/17 and 398/17 and C.O No.121/14 in L.A.A.No.335/2014 filed by the claimants, the acquired properties are lying within the distance of 300 metres from Vellimadukunnu Junction towards Kovoor Junction and in C.O.No.17/22 in L.A.A.No.429/2014 and C.O.No.148/2022 in L.A.A.No.454/2014, the acquired properties are lying in Vellimadukunnu Junction, on either side of VellimadukunnuKovoor road and the compensation amount awarded by the Reference Court in all these aforementioned cases are enhanced and refixed to Rs.4,50,000/- per cent with all consequential statutory benefits as per law, including costs.

¶3296

LA.App. Nos.815/2014 and connected cases

¶3297

:-19-:

¶3298

LAA Nos.692/13, 693/13, 694/13, 701/13, 702/13, 344/16, 397/17 and 398/17 and C.O No.121/14 in L.A.A.No. 335/2014 are allowed with all consequential statutory benefits as per law, including costs and C.O.Nos.17/22 in L.A.A.No.429/2014 & 148/22 in L.A.A.No.454/2014 filed by the claimants are partly allowed with all consequential statutory benefits as per law, including costs. All interlocutory applications are closed.

¶3299

(b) The appeals filed by the State are partly allowed and the judgments and decrees of the Reference Court in those appeals, except in the appeals and the cross objections filed by the claimants, are confirmed. It is made clear that in all these appeals, including the appeals and the cross objections filed by the claimants, they are entitled to get 12% additional land value from the date of Notification under Section 4(1) of the Land Acquisition Act till the date of taking possession of the land.

¶3300

¶3301

appellants/cross objectors have limited the claim for land

¶3302

LA.App. Nos.815/2014 and connected cases

¶3303

:-20-:

¶3304

value to less than Rs.4,50,000/- per cent. It is made clear that they will be entitled to claim the enhanced amount of Rs.4,50,000/- per cent stated in clause(a), only on payment of deficit court fee for the differential amount, in view of the decision of the Hon'ble Supreme Court in Chandrasekhar and others v. Additional Special Land Acquisition Officer ((2009) 14 SCC 441) within a period of two weeks from the date of receipt of a certified copy of this judgment, failing which the claimants/cross objectors herein, will be entitled for enhancement of the compensation only to the extent which they have claimed in the respective appeals or cross objections. In all the other appeals and cross objections filed by the claimants, they will be entitled for the enhanced amount as stated above in Clause (a). The Registry shall take note of specific orders, if any contained in any of the appeals and cross-objections with respect to exemption of payment of interest for the period of

¶3305

LA.App. Nos.815/2014 and connected cases

¶3306

:-21-:

¶3307

delay condoned, through specific orders passed in the respective delay condonation applications, while drafting the decree in respect of such cases.

¶3308

sd/-

¶3309

A.MUHAMED MUSTAQUE JUDGE

¶3310

sd/-

¶3311

SHOBA ANNAMMA EAPEN JUDGE

¶3312

MBS/

¶3313

contd.......

¶3314

LA.App. Nos.815/2014 and connected cases

¶3315

:-22-:

¶3316

The judgment dated 23/12/2022 in LAA 815/2014 & connected cases stands modified as follows as per order dated 03/01/2023 in LAA 815/2014 & connected cases:

¶3317

“The compensation amount awarded by the Reference Court in C.O.No.17/22 in L.A.A.No.429/2014 & C.O.No.148/2022 in L.A.A.No. 454/2014 filed by the claimants is enhanced and refixed to Rs.5,00,000/- per cent. Subject to the aforementioned modification, the earlier judgment dated 23/12/2022 will stand.”

¶3318

sd/-

¶3319

Deputy Registrar

State of Kerala v. M.C.Vasudevan Namboodiri

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State of Kerala v. M.C.Vasudevan Namboodiri

Case brief

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