LAA No.187 of 2017 1 2025:KER:27723 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 LA.APP. NO. 187 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 31.10.2016 IN L.A.R. NO.82 OF 2014 OF SUB COURT, THODUPUZHA APPELLANTS/RESPONDENTS : 1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2 THE EXECUTIVE ENGINEER PWD (ROADS) DIVISION PAINAVU P.O. IDUKKI. BY ADV SRI.T.K.SHAJAHAN, SR.GP RESPONDENT/CLAIMANT : IYPE, S/O. VARKEY, THARANIYIL HOUSE, ARIKKUZHA KARA, THODUPUZHA-685584. BY ADV SRI.S.SATHYAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.187 of 2017 2 2025:KER:27723 DR. A.K. JAYASANKARAN NAMBIAR & EASWARAN S., JJ. -------------------------------- L.A.A. No.187 of 2017 ------------------------------------------ Dated this the 27th day of March, 2025 JUDGMENT Easwaran S.,J. The appeal is preferred by the State of Kerala against the judgment and decree dated 31.10.2016 in L.A.R No.82 of 2014 on the files of Sub Court, Thodupuzha. 2. An extent of 0.1270 hectares of land comprised in Survey No.77/13 of Manakkadu Village in Thodupuzha Taluk was acquired for the purpose of widening of the Thodupuzha – Ramamangalam Road. Section 4(1) notification was published on 3.3.2010. The land acquisition officer awarded compensation at the rate of Rs.85,255/- (Rupees Eighty Five Thousand Two Hundred and Fifty Five Only) per Are. But, the Reference Court refixed the land value at Rs.2,83,547/- (Rupees Two Lakhs Eighty Three Thousand Five Hundred and Forty Seven Only) per Are. 3. When the matter is taken up today, Sri. T.K.Shajahan, the learned Senior Government Pleader appearing on behalf of the State brought to our notice the judgment dated 24.09.2024 in L.A.App.No.64/2023, whereby following the earlier judgments of this LAA No.187 of 2017 3 2025:KER:27723 Court, we had set aside the judgment and decree passed by the Reference Court and remanded the matter back to Sub Court, Thodupuzha for re-consideration. On a perusal of the said judgment, we are of the considered view that the same principle will have to be applied in this case also. 4. Accordingly, the judgment and decree dated 31.10.2016 in L.A.R No.82 of 2014 on the files of Sub Court, Thodupuzha is set aside and the matter is remanded back to Sub Court, Thodupuzha for fresh consideration. The parties are directed to appear before the court below on 20.5.2025. The appeal is ordered accordingly. No order as to costs. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE NS