LA.APP. NO. 100 OF 2015 1 2025:KER:30815 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. WEDNESDAY, THE 9TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 LA.APP. NO. 100 OF 2015 (AGAINST THE JUDGMENT AND DECREE DATED 13.03.2014 IN LAR NO.485 OF 2010 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM) APPELLANT/1ST RESPONDENT: STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY ADV GOVERNMENT PLEADER SRI.T.K.SHAJAHAN, SR RESPONDENTS/CLAIMANT & 2ND RESPONDENT: 1 B. NAINAR S/O.THANKAM, TC.NO.38/217, CHENTHITTA, CHOORAKKATTUPALAYAM, THIRUVANANTHAPURAM (MINOR)-695014 2 B.RAJESH S/O.THANKAM, TC.NO.38/217, CHENTHITTA, CHOORAKKATTUPALAYAM, THIRUVANANTHAPURAM (MINOR) (MIBNOR CLAIMANTS 1 & 2 ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN B. THANKAM, W/O.LATE. T.N.BALU, TC.NO.38/127, CHOORAKKATTUPALAYAM, CHALAI, P.O., THIRUVANANTHAPURAM-695014 3 THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM-695001 BY ADV B.ANANTHU FOR R1 AND R2 SRI.K.A JALEEL, SC,FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP. NO. 100 OF 2015 2 2025:KER:30815 DR. A.K.JAYASANKARAN NAMBIAR & EASWARAN S., JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LA.App. No.100 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2025 JUDGMENT Easwaran S. , J. The present appeal arises out of the judgment and decree in LAR No.485 of 2010 on the files of IInd Additional Sub Court, Thiruvananthapuram. The acquisition in the present case relates to widening of Pattoor- Choorakkattupalayam Road in Thiruvananthapuram Taluk. The notification under Section 4(1) of the Land Acquisition Act was issued on 21.11.2007. The Land Acquisition Officer fixed the land value at the rate of Rs.4,75,248/- per Are. Dissatisfied with this the amount fixed by the Land Acquisition Officer, the claimant sought reference under Section 18 of the Land Acquisition Act. The Reference Court after considering the claim of the respondent herein enhanced that land value at Rs.34,45,640/- per Are. Today, when the matter was taken up for hearing, Sri.T.K.Shajahan, the learned Senior Government Pleader for the appellant State, was present, and counsel for the claimant was absent despite notice. The learned Senior Government Pleader on behalf of the appellant State placed before us the judgment of the Coordinate Bench in LA.Appeal No.52 of 2015 and connected cases, wherein the Division Bench following the decision of another Coordinate Bench in L.A.A.No.556 of 2014 and L.A.A No.680 of 2014 scaled down the market value fixed by the Reference Court from Rs.34,45,640/- per Are to LA.APP. NO. 100 OF 2015 3 2025:KER:30815 Rs.27,50,000/-. We have perused the judgment of the Division Bench and are of the view that the said judgment squarely applies in the facts of the present case. Hence the appeal is allowed and the judgment and decree of the Reference Court in LAR No.485 of 2010 is modified and the land value is refixed at Rs.Rs.27,50,000/-. The statutory benefits to the claimants shall be reworked in accordance with the refixed value. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE mns