2025:KER:25592 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 1135 OF 2010 AGAINST THE JUDGMENT AND DECREE DATED 07.01.2010 IN LAR NO.95 OF 2001 OF SUB COURT, KOYILANDY APPELLANTS/CLAIMANTS C TO K: 1 A.RAMUNNI VYDIAR KAILAS, PANTHALAYANI, KOYILANDY. (DIED AND LEGAL HEIRS IMPLEADED) 2 A.DAMODARAN VYDIAR PRASANTH, PANTHALAYANI, KOYILANDY. (DIED AND LEGAL HRIRS ARE IMPLEADED) 3 P.HARIDASAN NAIR SREEPADAM KARINKALLAI P.O., FAROOK COLLEGE, KOZHIKODE. 4 MRS.GEETHANJALI SREEPADAM KARINKALLAI P.O., FAROOK COLLEGE, KOZHIKODE. 5 MRS.SHARMILA SREEPADAM KARINKALLAI P.O., FAROOK COLLEGE, KOZHIKODE. 6 SMT.MEENA SUKUMARAN THEERTHAM, KOOMENTHODE, PANTHALAYANI, KOYILANDY. 7 DEEPA SATHEESH THEERTHAM KOOMENTHODE, PANTHALAYANI, KOYILANDY. 8 ROOPA SUKUMARAN THEERTHAM KOOMENTHODE, PANTHALAYANI, KOYILANDY. LAA No.1135/2010 2 2025:KER:25592 9 A.JAYARAJAN SREEKRISHNA WEST HILL, KOZHIKODE. *ADDL.A10 SHANTA DAMODARAN AGED 68 YEARS W/O LATE DAMODARAN VYDIAR,AGED 68 YEARS,PRASANTH,PANTHALAYANI,KOYILANDY. (DIED AND LEGAL HRIR IS IMPLEADED) *ADDL.A11 PRAVEEN, S/O LATE DAMODARAN VYDIAR, AGED 39 YEARS, PRASANTH, PANTHALAYANI, KOYILANDY. *THE LEGAL HEIRS OF THE DECEASED 2ND APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 10 AND 11 VIDE ORDER DATED 02.11.2012 IN IA NO.1282/2012 *ADDITIONAL 11TH APPELLANT IS RECORDED AS THE LEGAL HEIRS OF DECEASED ADDITIONAL 10TH APPELLANT VIDE ORDER DATED 15.12.2014. *ADDL.A12 RAJASREE K.N., AGED 60 YEARS, D/O LATE A.RAMUNNI VYDIAR & W/P A.O.KARUNAKARAN NAMBIAR, ANAPARA, CHERUKATTOR, PANAMARAM, WAYANAD, PIN 670721 *ADDL.A13 RAJANI MENON, AGED 57 YEARS, D/O A.RAMUNNI VYDIAR & W/O PRAKASH P.MENON, FLAT NO.4C, KOWDIAR MANOR, JAWAHAR NAGAR, KOWDIAR P.O., THIRUVANANTHAPURAM PIN 695003 *ADDITIONAL 12TH AND 13TH RESPONDENT, LEGAL HEIRS OF 1ST APPELLANT, ARE IMPLEADED AS ADDITIONAL APPELLANTS 12 AND 13 BY ORDER DATED 18.09.2023 IN IA NO.1/2023 BY ADVS. SRI.M.P.RAMNATH SRI.P.RAJESH KOTTAKKAL RESPONDENT S / RESPONDENTS : 1 THE SPECIAL TAHSILDAR LA, KOYILANDY, KOZHIKODE DISTRICT. 2 THE SECRETARY KOYILANDY MUNICIPALITY KOILANDY, KOZHIKODE DISTRICT. LAA No.1135/2010 3 2025:KER:25592 3 P.M.MARIAKUTTY UMMA W/O.LATE AMETH ABDU, D/O.K.M.ABDULLA,, MUBARAK MANZIL, PANTHALIYANI,, KOILANDY, KOZHIKODE DISTRICT. 4 P.M.KUNHAMMED MUBARAK MANZIL PANTHALIYANI, KOILANDY, "ADIRAJAS",, KACHERI AMSOM, KOZHIKODE TALUK,, KOZHIKODE DISTRICT. *ADDL.R5 RADEESH KUMAR K.N, S/O. LATE RAMUNNI VYDIER, AGED 58 YEARS, "KAILAS", NEAR PANTHALAYANI TEMPLE, PANTHALAYANI, QUILANDY, KOZHIKODE, PIN 673305, PRESENTLY HAVING ADDRESS AT POST BOX NO.7158, FLAT NO.1210, AI NABOODAH BUILDING, AI QUSAIS, DUBAI, UAE *ADDL.R6 RADHIKA K.N D/O. LATE RAMUNNI VYDIER, "KAILAS", NEAR PANTHALAYANI TEMPLE, PANTHALAYANI, QUILANDY, KOZHIKODE, PIN 673305, MENTALLY RETARDED PERSON REPRESENTED BY HER BROTHER AND GUARDIAN APPOINTED UNDER THE NATIONAL TRUST ACT, 1999 - RADEESH KUMAR K.N. S/O. LATE RAMUNNI VYDIER, AGED 58 YEARS, "KAILAS", NEAR PANTHALAYANI TEMPLE, PANTHA[AYANI, QUILANDY, KOZHIKODE, PIN 673305, PRESENTLY HAVING ADDRESS AT POST BOX NO.7158, FLAT NO.1210, AI NABOODAH BUILDING, AI QUSAIS, DUBAI, UAE. *ADDL.RESPONDENTS 5 AND 6 ARE LEGAL HEIRS OF 1ST APPELLANT WHO ARE IMPLEADED AS PER ORDER DATED 24.03.2025 IN IA NO.3/2023. BY ADVS. ANTONY THARIAN – R5 & R6 S.DEEPAK(K/733/2012) – R5 & R6 SRI. T.K SHAJAHAN, SR GP - R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.1135/2010 4 2025:KER:25592 JUDGMENT Easwaran S. , J. The claimants C to K before the Subordinate Court, Koyilandy in LAR No.95 of 2001 are the appellants. 2. The brief facts necessary for the disposal of the appeal are as follows: An extent of 0.1214 Hectares of wet land comprised in Re-survey No.23/4 in Panthalayani Village was sought to be acquired for the purpose of construction of a bus stand for Koyilandy Municipality. The Land Acquisition Officer fixed the land value at the rate of Rs.1658.60 per cent. Aggrieved by the aforesaid fixation, the claimants sought reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’ for short). Since there were disputes between the claimants A and B with that of the appellants, a separate proceeding under Section 31 of the Act was initiated as LAR No.91 of 2001 and was pending consideration. Later, the question of title between the claimants A and B and the appellants was settled by the judgment of the Civil Court in OS No.133 of 1977 and by the Appellate Court in AS No.39 of 2000 dated 20.10.2005 and thereafter, the Reference Court by order dated 08.03.2006 in IA No.223 of 2006 in LAA No.1135/2010 5 2025:KER:25592 LAR 91 of 2001, released the amount to the present appellants. 3. Heard, Sri.M.P.Ramnath – learned counsel appearing for the appellant, Sri.T.K.Shajahan – learned Senior Government Pleader appearing on behalf of the State and Sri.Sasidharan – learned counsel appearing for the Koyilandy Municipality. 4. When the matter is taken up for consideration today, the learned counsel for the appellant placed before this Court the judgment of the Coordinate Bench of this Court in LAA No.1054 of 2010 dated 01.04.2024, wherein the Division Bench refixed the land value in respect of the land acquired for the very same purpose at Rs.65,000/- per cent. We have perused the judgment of the Coordinate Bench and are of the view that same applies to the facts of the present case. Therefore, we are inclined to modify the judgment and decree in LAR 95 of 2001 of the Sub Court, Koyilandy, and refix the land value at Rs.65,000/- per cent. 5. We further note that in the appeal the appellants have sought enhancement only at the rate of Rs.30,000/- per cent. Therefore, the appellants will have to pay the deficit court fee. Hence we also make it clear that the appellants will be entitled to all statutory benefits and proportionate costs in the appeal. While interest on the compensation is calculated, the appellants shall not be entitled for LAA No.1135/2010 6 2025:KER:25592 interest for a period of 132 days as per the order dated 30.07.2012 in the appeal. Accordingly, we allow the appeal and refix the land value at Rs.65,000/- per cent. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE ACR