LA.APP.NO.148/2017 1 2025:KER:24021 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 LA.APP.NO.148 OF 2017 ARISING OUT OF THE JUDGMENT AND DECREE DATED 31.10.2016 IN LAR NO.18 OF 2014 OF THE SUBORDINATE JUDGE'S COURT, THODUPUZHA APPELLANTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI CIVIL STATION, PAINAVU, KUILIMALA. 2 THE EXECUTIVE ENGINEER PWD (ROADS) DIVISION, PAINAVU P.O, IDUKKI. BY ADV. SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER RESPONDENT/CLAIMANT: 1 2 3 RAVINDRAN NAIR : [DECEASED] S/O.GOPALAN NAIR, VARICKATHANATHU (H), ARIKUZHA P.O, MANAKKAD VILLAGE, THODUPUZHA TALUK, PIN -685 584. P.G.OMANA W/O.LATE RAVINDRAN NAIR.G. VARICKATHANATHU HOUSE, MANAKKAD IDAPPATTUPEEDIA, THOUDPUZHA 685608 PRATHIBHA R.NAIR W/O.SANTHOSH KUMAR HARITHAM HOUSE – 09, NORTH KSEB, PERUMBAVOOR 683542 LA.APP.NO.148/2017 2 2025:KER:24021 4 PRIYA R NAIR W/O.PRAVEEN N.NAIR NANDIVANAM, VENGALLOOR, THOUDPUZHA 685585. THE LEGAL HEIRS OF THE CLAIMANT WHO HAVE BEEN ARRAYED AS RESPONDENTS 1 TO 3 IN R.P.NO.1235/2019 ARE SHOWN AS RESPONDENTS 2 TO 4 IN THE CAUSE TITLE OF THIS LAA NO.148/2017 AS PER JUDGMENT DATED 20.03.2025 IN LAA NO.148/2017 BY ADVS. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN SRI.S.SATHYAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP.NO.148/2017 3 2025:KER:24021 JUDGMENT Dated this the 20th day of March, 2025 This L.A.A. is filed by the State challenging the judgment and decree dated 31.10.2016 in L.A.R.No.18 of 2014 of the Subordinate Judge's Court, Thodupuzha. Appellants were the respondents in the L.A.R. and respondent is the legal heir of the claimant therein. 2. An extent of 0.23 Ares (0.568 cents) of land comprised in Sy.No.124/20 (Block No.11) of Manakkadu Village in Thodupuzha Taluk was acquired for the purpose of widening of Thodupuzha- Ramamangalam Road (Reach 2). Section 4 (1) notification is dated 03.03.2010. The Land Acquisition Officer (L.A.O.) awarded a land value of Rs.55,556/- per Are. The reference court re-fixed the land value at Rs.2,76,602/- per Are. Challenging the enhancement, this appeal is filed by the State. 3. Heard Smt.Rekha C.Nair, learned Government Pleader for the appellants and Sri.S.Anathakrishnan, learned counsel for LA.APP.NO.148/2017 4 2025:KER:24021 the respondents. 4. It is brought to my notice that this Court had disposed of a batch of L.A.As. in respect of the lands acquired for the same purpose under the same notification vide judgment dated 09.07.2019 in L.A.A.No.36 of 2016 and connected cases. In the said judgment, this Court followed its earlier judgment in L.A.A.No.150 of 2017 and connected cases and remitted the matters back for fresh disposal to the reference court. Though this L.A.A. was also included in the said batch of judgments covered vide judgment dated 09.07.2019, subsequently, the judgment in this L.A.A. alone had to be reviewed vide order dated 07.02.2025 in R.P.No.1235 of 2019 since the claimant/respondent in the L.A.A. had died before rendering of the said judgment and the legal heirs had not been impleaded. Now that the legal heirs of the deceased claimant are in the party array, this appeal is disposed of in terms of the judgment dated 09.07.2019 in L.A.A.No.150 of 2017 and the matter is remitted back for fresh disposal to the reference court. The legal heirs of the claimant who had been arrayed as respondents 1 to 3 in LA.APP.NO.148/2017 5 2025:KER:24021 R.P.No.1235 of 2019 shall be shown as respondents in the cause title of this L.A.A. L.A.A. is allowed. Sd/- SYAM KUMAR V.M. JUDGE csl