M.K.Kumaran Vs State of Kerala

¶1

LAA Nos.341 & 343 of 2016

¶2

1 2025:KER:29555

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶6

¶7

THE HONOURABLE MR. JUSTICE EASWARAN S.

¶8

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

¶9

LA.APP. NO. 341 OF 2016

¶10

AGAINST THE JUDGMENT AND DECREE DATED 08.09.2015 IN LAR NO.44

¶11

OF 2010 SUB COURT,ATTINGAL

¶12

APPELLANT/CLAIMANT :

¶13

LEENA NATARAJAN
CHITHIRA, ADAYAMAN P.O, ANCHAL.

¶14

BY ADVS. SMT.HEMALATHA
SRI.M.R.ANANDAKUTTAN
SRI.MAHESH ANANDAKUTTAN
SMT.S.SOUMYA ISSAC
SMT.M.A.ZOHRA

¶15

RESPONDENTS/RESPONDENTS:

¶16

1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKKUNNU P.O,
THIRUVANANTHAPURAM 695 005.

¶17

2 THE CHIEF EXECUTIVE OFFICER
TECHNO PARK, KAZHAKKOOTTAM,
THIRUVANANTHAPURAM 695 582.
BY ADVS. SRI. TK SHAJAHAN, SR GP, R1
 SMT.K.V.RASHMI, SC, TECHNOPARK, R2

¶18

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON

¶19

03.04.2025, ALONG WITH LA.App. NO.343/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶20

LAA Nos.341 & 343 of 2016

¶21

2 2025:KER:29555

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶25

¶26

THE HONOURABLE MR. JUSTICE EASWARAN S.

¶27

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

¶28

LA.APP. NO. 343 OF 2016

¶29

AGAINST THE JUDGMENT AND DECREE DATED 08.09.2015 IN LAR NO.45

¶30

OF 2010 OF SUB COURT, ATTINGAL

¶31

APPELLANT/CLAIMANT :

¶32

M.K.KUMARAN
SREEKAILAS, TC 30/1724,
CHAYAKKUDI ROAD,PETTA, CHAKKAI,
THIRUVANANTHAPURAM.

¶33

BY ADVS. SMT. HEMALATHA
SRI.M.R.ANANDAKUTTAN
SRI.MAHESH ANANDAKUTTAN
SMT.S.SOUMYA ISSAC
SMT.M.A.ZOHRA

¶34

RESPONDENTS/RESPONDENTS :

¶35

1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKKUNNU PO,
THIRUVANANTHAPURAM-695 005.

¶36

2 THE CHIEF EXECUTIVE OFFICER
TECHNO PARK, KAZHAKKOOTTAM,
THIRUVANANTHAPURAM-695 582.
BY ADVS. SRI. T.K. SHAJAHAN, SR.GP,R1
 SMT.K.V.RASHMI, SC, TECHNOPARK, R2

¶37

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON

¶38

03.04.2025, ALONG WITH LA.App.NO.341/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶39

LAA Nos.341 & 343 of 2016

¶40

3 2025:KER:29555

¶41

DR. A.K. JAYASANKARAN NAMBIAR & EASWARAN S., JJ.

¶42

L.A.A. Nos.341 & 343 of 2016

¶43

-----------------------------------------Dated this the 3^rd day of April, 2025

¶44

JUDGMENT

¶45

Easwaran S., J.

¶46

These appeals are preferred by the respective claimants aggrieved by the judgment and decree dated 8.9.2015 in L.A.R. Nos.44 of 2010 and 45 of 2010.

¶47

The brief facts necessary for the disposal of these appeals are as follows:

¶48

An extent of 5.30 Ares of land belonging to the appellant in L.A.A. No.341 of 2016 and an extent of 7.88 Ares of land belonging to the appellant in L.A.A. No.343 of 2016, both comprised in Survey No.402/3-5 of Pallipuram Village, were acquired for the purpose of Phase IV development of the Technopark by notification under Section 4(1) of the Land Acquisition Act 1894 issued on 1.6.2006. The land acquisition officer categorised the properties in the 6^th category and awarded an amount of Rs.1,00,282/- per Are. Dissatisfied with the market value fixed, both the claimants sought

¶49

LAA Nos.341 & 343 of 2016

¶50

4 2025:KER:29555

¶51

references under Section 18 of the erstwhile Land Acquisition Act, 1894. The reference court jointly considered the land acquisition references and, by the impugned judgment, granted an increase in the land value and fixed the land value at Rs.1,86,684/- per Are. Being aggrieved by the aforesaid fixation that, the claimants/appellants are before this Court in these appeals.

¶52

Heard Smt. Hemalatha, the learned counsel appearing for the appellants, Sri. T.K. Shajahan, the learned Senior Government Pleader and Smt. K.V. Rashmi, the learned Standing Counsel appearing for the 2^nd respondent.

¶53

On a consideration of the rival submissions raised across the Bar, we find that the point raised in these appeals is covered by the decision of the reference court itself in similarly situated cases. We find that in L.A.R. No.26 of 2011 and connected cases, the reference court has granted 100% increase in the land value fixed by the land acquisition officer. Following this, we had, by judgment dated 2.4.2025 in L.A.A. No.25 of 2018, granted the same benefit. We see no reason as to why the said recourse was not adopted by the reference court in the case of the appellants herein. Thus, the judgment and decree of the Sub Court, Attingal in L.A.R. Nos.44 and 45 of 2010 requires modification.

¶54

LAA Nos.341 & 343 of 2016

¶55

5 2025:KER:29555

¶56

These appeals are allowed. The land value fixed by the reference court in L.A.R Nos.44 and 45 of 2010 is modified as Rs.2,00,564/- (Rupees Two Lakh Five Hundred and Sixty Four only) per Are. The appellants are entitled to get all statutory benefits flowing out of the aforesaid refixation together with proportionate costs.

¶57

Appeal ordered accordingly.

¶58

Sd/DR. A.K.JAYASANKARAN NAMBIAR JUDGE

¶59

Sd/EASWARAN S. JUDGE

¶60

NS

M.K.Kumaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.K.Kumaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

The State of Kerala Vs the Secretary

Hafsathabi M K, Vs Executive Engineer

Dr. P.N. Rajamony Vs State of Kerala

Thayyil Kakkat Abdul Asali Vs the Special Tahasildar L.A

P.v.Razak, Vs the Special Tahasildar, L.A

The State of Kerala, Vs Real Agencies, Kolakkad