WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 1 2025:KER:26711 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 4329 OF 2022 PETITIONER: ABDUL LATHEEF AGED 65 YEARS S/O. KADER PILLAI, ALAMANA HOUSE, PARAMBAYAM, PUTHUSSERY, NEDUMBASSERY P.O, ERNAKULAM 682 301 BY ADV S.SUJIN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE DISTRICT LEVEL PURCHASE COMMITTEE REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM 682 031 3 THE DISTRICT COLLECTOR COLLECTORATE, ERNAKULAM 682 031 4 THE SPECIAL TAHASILDAR (L.R) LAND TRIBUNAL, THRIPPUNITHURA P.O, ERNAKULAM 682 301 SRI.N.N.SUGUNAPALAN(SR.), SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, ALONG WITH WP(C).4430/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 2 2025:KER:26711 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 4430 OF 2024 PETITIONER: A.K ABDUL LATHEEF AGED 66 YEARS S/O. KADER PILLAI, ALAMANA HOUSE, PARAMBAYAM, PUTHUSSERY, NEDUMBASSERY P.O, ERNAKULAM, PIN – 682 301 BY ADVS. SRI.S.SUJIN SMT.NITA.N.S. SRI.B.BILWIN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 2 COMMISSIONER REVENUE DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT, TRIVANDRUM, PIN – 695 001 3 THE DISTRICT LEVEL PURCHASE COMMITTEE REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM, PIN – 682 031 4 THE DISTRICT COLLECTOR DISTRICT COLLECTORARATE, FIRST FLOOR, CIVIL STATION, ERNAKULAM, PIN – 682 030 WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 3 2025:KER:26711 5 THE SPECIAL TAHASILDAR (LR) LAND TRIBUNAL, THRIPPUNITHURA P.O, ERNAKULAM, PIN – 682 301 SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL() THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, ALONG WITH WP(C).4329/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 4 2025:KER:26711 T.R.RAVI.J ------------------------------------------------------- WP(C) Nos.4329 of 2022 & 4430 of 2024 -------------------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The issue involved is regarding the payment of interest on the compensation for acquisition. Properties of the petitioner were acquired during the pendency of a Section 7E application under the Kerala Land Reforms Act. Later, his right as a deemed tenant under Section 7E was declared. The petitioner sought compensation based on the declaration of his right over the acquired property. Compensation has been paid, but interest was paid only with effect from the date on which the certificate of title was issued pursuant to the order on the Section 7E application. The petitioner's prayer is that since the petitioner is a deemed tenant, the benefit accrues from the date of actual acquisition and not from the date of the WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 5 2025:KER:26711 certificate of title. The date on which possession of land was taken pursuant to the 4(1) notification was on 31.03.2016 and a mahasar in that regard had been prepared on 04.04.2016. The petitioner is entitled to interest from the date on which possession was taken. The petitioner is also entitled to all statutory benefits treating possession to have been taken with effect from 04.04.2016. In the above circumstances, these writ petitions are allowed. The respondents are directed to grant additional land value at the rate of 12% per annum on the land value fixed, from 11.10.2012 to 04.04.2016. Interest at the rate of 9% from 05.04.2016 to 04.04.2017 and thereafter at the rate of 15% till 15.08.2021 shall also be paid. Necessary orders shall be issued withing three months from the date of receipt of a copy of this judgment. Sd/- sn T.R.RAVI, JUDGE WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 6 2025:KER:26711 APPENDIX OF WP(C) 4329/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 24-10-2011 BEARING NO H-4-13546/2011(2) Exhibit P2 TRUE COPY OF THE APPLICATION DATED 29-01-2012 SUBMITTED BY THE PETITIONER TO THE TALUK LAND BOARD, ALUVA Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN W.P(C0 NO. 32374 OF 2014 DATED 15-01-2016 Exhibit P4 TRUE COPY OF THE CERTIFICATE OF TITLE DEED DATED 02-02-2018 ISSUED BY THE SPECIAL TAHSILDAR, TRIPUNITHURA Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 07-01-2019 Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P9C) NO. 1474/2013 DATED 25-06-2015 Exhibit P7 TRUE COPY OF THE REPORT OF THE DISTRICT COLLECTOR DATED 18-01-2019 Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P(C0 NO. 31804/2019 DATED 25-02-2020 Exhibit P9 TRUE COPY OF THE ORDER OF THE ADDITIONAL CHIEF SECRETARY DATED 24-08-2021 Exhibit P10 TRUE COPY OF THE COMMUNICATION FROM THE ADDITIONAL CHIEF SECRETARY TO THE DISTRICT COLLECTOR DATED 11-10-2021 Exhibit P11 TRUE COPY OF THE DECISION AS COMMUNICATED TO THE PRINCIPAL SECRETARY (REVENUE) DATED 01-09-2021 Exhibit P12 TRUE COPY OF THE MAZHAZAR DATED 04/04/2016 PREPARED AND SIGNED BY VILLAGE OFFICER, CHOWARA WP(C) NOS. 4329 OF 2022 & 4430 OF 2024 7 2025:KER:26711 APPENDIX OF WP(C) 4430/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1428 OF 1979 OF S.R.O SREEMOOLANAGARAM DATED 27/09/1979 Exhibit P2 TRUE COPY OF THE NOTICE DATED 24/10/2011 BEARING NO.H-4-13546/2011(2). Exhibit P3 TRUE COPY OF THE CERTIFICATE OF TITLE DEED DATED 02/02/2018 ISSUED BY THE LAND TRIBUNAL, ALUVA. Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.14514/2013 DATED 25/6/2015. Exhibit P5 TRUE COPY OF THE REPORT OF THE DISTRICT COLLECTOR DATED 18/01/2019. Exhibit P6 TRUE COPY OF THE ORDER OF THE ADDITIONAL CHIEF SECRETARY DATED 24/8/2021 Exhibit P7 TRUE COPY OF THE ORDER DATED 11/10/2021 THE ADDITIONAL CHIEF SECRETARY TO THE DISTRICT COLLECTOR Exhibit P8 TRUE COPY OF THE CERTIFICATE OF TITLE DATED 31/12/2016 ISSUED IN FAVOUR OF K.B SEZMINA Exhibit P9 TRUE COPY OF THE CERTIFICATE OF TITLE DATED 31/12/2016 ISSUED IN FAVOUR OF K.B MUJITHA Exhibit P10 TRUE COPY OF THE DECISION AS COMMUNICATED TO THE PRINCIPAL SECRETARY (REVENUE) DATED 01/09/2021. Exhibit P11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN W.P.(C) NO.4239/2022