LAA No.244 of 2019 1 2025:KER:31054 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. 244 OF 2019 AGAINST THE JUDGMENT AND DECREE DATED 30.01.2018 IN LAR NO.41 OF 2015 OF SUB COURT, THODUPUZHA APPELLANTS/RESPONDENTS : 1 THE DISTRICT COLLECTOR PAINAVU, KUYILIMALA, IDUKKI DISTRICT. 2 THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, PAINAVU P O, IDUKKI. BY ADV SRI. T.K. SHAJAHAN, SR. GOVERNMENT PLEADER RESPONDENT/CLAIMANT : SMT. PUSHPA D/O. LAKSHMIKUTTY, KUNNATHEL, ARIKUZHA(PRESENT ADDRESS SMT.PUSHPAVENI K.K, THEKKEPARAMBIL, M.A.COLLEGE P O, MATHIRAPPILLY, KOTHAMANGALAM, PIN-686666. BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SHRI.MATHEW K.T. SHRI.GEORGE K.V. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.244 of 2019 2 2025:KER:31054 DR. A.K. JAYASANKARAN NAMBIAR & EASWARAN S., JJ. -------------------------------- L.A.A. No.244 of 2019 ------------------------------------------ Dated this the 9th day of April, 2025 JUDGMENT Easwaran S.,J. The appeal is preferred by the State of Kerala against the judgment and decree dated 30.01.2018 in L.A.R No.41 of 2015 on the files of Sub Court, Thodupuzha. 2. An extent of 0.0720 hectares of land comprised in Survey No.76/16 (block No.11) 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.18,28,939/- (Rupees Eighteen Lakh Twenty Eight Thousand Nine Hundred and Thirty Nine only) per Are. But, the Reference Court refixed the land value at Rs.2,83,547/- (Rupees Two Lakh 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 LAA No.244 of 2019 3 2025:KER:31054 L.A.App.No.64/2023, whereby following the earlier judgments of this 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 30.1.2018 in L.A.R No.41 of 2015 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 Sub Court, Thodupuzha on 21.5.2025. The appeal is ordered accordingly. No order as to costs. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE NS