THE MANAGING DIRECTOR, KERALA FEEDS LTD v. ALEXANDER YESUDASAN
LA.App./20/2018 · 2025-03-13
Syam Kumar V M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4088 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4088 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
LA.APP.NO.20/2018 1 2025:KER:30166 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 LA.APP. NO. 20 OF 2018 ARISING OUT OF THE JUDGMENT AND DECREE DATED 10.12.2015 IN LAR NO.7 OF 2010 OF PRINCIPAL SUB COURT, KOLLAM APPELLANT/2ND RESPONDENT: THE MANAGING DIRECTOR, KERALA FEEDS LTD. KALLETTUMKARA, THRISSUR-680 683. BY ADV. JOSEPH M.P., SC RESPONDENTS/CLAIMANT & 1ST RESPONDENT: 1 ALEXANDER YESUDASAN S/O.YESUDASAN, YESU SADANAM, (LOVE DALE), KALLELIBHAGAM MURI, KARUNAGAPPALLY-695 519. 2 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOLLAM-691 013. BY ADVS. SRI.ARUN BABU, R1 SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER, R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA.APP.NO.20/2018 2 2025:KER:30166 JUDGMENT Dated this the 13th day of March, 2025 This appeal is filed challenging the judgment and decree dated 10.12.2015 in LAR No.7 of 2010 of the Principal Sub Court, Kollam. Appellant was the 2nd respondent in the LAR and the respondents herein were the claimant and the 1st respondent in the said reference proceedings. 2. An extent of 11.50 Ares of land comprised in Re- Sy.No.56/13 of Kallelibhagom Village in Karunagappally Taluk was acquired for the construction of a cattle feed factory of Kerala Feeds. Section 4 (1) notification was published on 24.06.2008. Land Acquisition Officer vide Award No.03/09-10 (5) in LAC No. 11/09-10 dated 08.07.2009 granted a compensation of Rs.1,10,354/- per Are. In the reference that followed, the reference court found that the claimant is entitled to additional compensation of Rs. 24,09,779/- with 15% interest for the excess compensation amount of Rs.12,65,841/-. This appeal is filed by the requisitioning authority challenging the enhancement. 3. Heard Sri. Joseph M.P. Advocate, for the appellant,
LA.APP.NO.20/2018 3 2025:KER:30166 Sri.Arun Babu, Advocate for R1 and Smt. Rekha C. Nair, learned Senior Government Pleader for R2. 4. It is brought to my notice that a Division Bench of this Court had disposed of a batch of appeals vide judgment dated 28.11.2024 in LAA No.42 of 2018 with respect to the same acquisition arising out of the same notification dated 24.06.2008 wherein the appellant herein is a party. This Court had in the said LAA re-fixed the land value at Rs.1,54,231/- per cent and had dismissed the appeals filed by the requisitioning authority viz. the appellant herein.
In view of the above, this appeal, too, is only to be dismissed in accordance with the judgment dated 28.11.2024 in LAA No.42 of 2018 and connected cases. Ordered accordingly. No costs. Sd/- SYAM KUMAR V.M. JUDGE csl