BY AD vs SRI.MATHEW JOHN (K)

BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN RESPONDENT/CLAIMANT IN LAR: FR. VICAR (ST.MARY'S CHURCH) KADUTHURUTHY, THAZHATHUPALLY, KADUTHURUTHY P.O. PIN-686604. BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH LA.App..202/2020 AND 276/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP. NO. 313 OF 2017 2 2025:KER:25088 LA.APP. NO. 202 OF 2020 & LA.APP. NO. 276 OF 2018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 202 OF 2020 (THE JUDGMENT AND DECREE DATED 19.12.2016 IN LAR NO.12 OF 2015 OF ADDITIONAL SUB COURT,KOTTAYAM) APPELLANTS/RESPONDENTS IN LAR: 1 2 3 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. THE SPECIAL TAHSILDAR LA (GENERAL), KOTTAYAM. THE EXECUTIVE ENGINEER, PWD, KOTTAYAM. BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN RESPONDENTS/CLAIMANTS IN LAR: 1 2 3 ALEYAMMA @ LEELAMMA D/O.LATE ALEXANDER, W/O.RAMPALSAINI, MANIMALA VEEDU, VELLASSERY KARA, KADUTHURUTHY P.O., PIN-686 604, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. PENNAMMA.G. OLLAPALLI, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. JAMES M.ALEXANDER, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. LA.APP. NO. 313 OF 2017 3 2025:KER:25088 LA.APP. NO. 202 OF 2020 & LA.APP. NO. 276 OF 2018 4 5 6 7 8 9 0 ANNAMMA SIMON PAIMPALIL, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. MARTHA ALOYSIUS CHIRAYIL, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. MARGRET TOM, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. ALEXANDER MANIMALA ALEXANDER, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. SARAMMA V.JOHN, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. LALLY ALEXANDR, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. ALEXANDER KURUVILA, MANIMALA HOUSE, KADUTHURUTHY P.O., PIN-686 604. BY ADVS. SRI.MATHEW JOHN (K)- R1 SRI.MATHEW DEVASSI, SRI.ABY J AUGUSTINE, THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON

24.03.2025, ALONG WITH LA.App..313/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP. NO. 313 OF 2017 4 2025:KER:25088 LA.APP. NO. 202 OF 2020 & LA.APP. NO. 276 OF 2018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 (THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.84 OF LA.APP. NO. 276 OF 2018 2013 OF ADDITIONAL SUB COURT,KOTTAYAM APPELLANTS/RESPONDENTS: 1 2 3 THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. THE SPECIAL TAHSILDAR LA, GENERAL, KOTTAYAM. THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM. BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN RESPONDENTS/CLAIMANTS: 1 2 GEORGE, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. *ROSAMMA, W/O.GEORGE, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY.P.O., VAIKOM TALUK, KOTTAYAM DISTRICT.(DIED LRS IMPLEADED) ADDITIONAL RESPONDENTS 3 TO 5: ADDL.3 GISHA PARAKKALAYIL, D/O GEORGE, PARAKKALAYIL V ELLUSSERY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM LA.APP. NO. 313 OF 2017 5 2025:KER:25088 LA.APP. NO. 202 OF 2020 & LA.APP. NO. 276 OF 2018 ADDL.4 ADDL.5 -686604, REPRESENTD BY THEIR FATHER AND POWER OF ATTORNEY HOLDER, GEORGE, S/O PAILY, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM - 686604 BINOY PARAKKALAYAIL, S/O GEORGE, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM - 686604 REPRESENTD BY THEIR FATHER AND POWER OF ATTORNEY HOLDER, GEORGE, S/O PAILY, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM - 686604. ROSEMARY PARAKKALAYIL D/O GEORGE, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM - 686604 REPRESENTED BY THEIR FATHER AND POWER OF ATTORNEY HOLDER, GEORGE, S/O PAILY, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM - 686604. (ADDITIONAL RESPONDENTS 3 TO 5 ARE IMPLEADED AS PER ORDER DATED 15.10.2024 IN IA NO.1 OF 2024) BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSI SRI.ABY J AUGUSTINE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON

24.03.2025, ALONG WITH LA.App..313/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP. NO. 313 OF 2017 6 2025:KER:25088 LA.APP. NO. 202 OF 2020 & LA.APP. NO. 276 OF 2018 JUDGMENT Easwaran S. , J. These appeals are preferred by the State aggrieved by the judgment and decree passed by the Reference Court under Section 18 of the Land Acquisition Act. The facts in the present appeals are not disputed. The acquisition relates to the Kaduthuruthy Byepass. On all these references, the Reference Court has enhanced the land value depending upon various categories under which the land is included. We have been informed that a Coordinate Bench of this Court in LA.App. No.521 of 2015 and connected cases has considered the very same issue and re-fixed the land value accordingly, as follows: Category A B C D Value per Are Rs.6,59,010/- Rs.5,99,100/- Rs.5,39,190/- Rs.4,49,325/-

2. We have perused the judgment rendered by the Coordinate Bench and are of the view that the same applies to the facts of the present case, and accordingly, these appeals are allowed as follows: (i) LA.App.No.202 of 2020: The land value fixed by the Reference LA.APP. NO. 313 OF 2017 7 2025:KER:25088 LA.APP. NO. 202 OF 2020 & LA.APP. NO. 276 OF 2018 Court at Rs.6,17,500/- per Are is modified and re-fixed at Rs.5,99,100/- per Are. (ii) LA.App.No.313 of 2017: The land value fixed by the Reference Court at Rs.6,17,500/- per Are is re-fixed at Rs.5,39,190/- per Are. (iii) LA.App.No.276 of 2018: The land value fixed by the Reference Court at Rs.6,79,250/- per Are is modified and re-fixed at Rs.5,99,100/- per Are. The claimants are entitled to all statutory benefits flowing from the re-fixation. These appeals are thus allowed. No order as to costs. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE