IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 LA.App..No. 402 of 2010() ------------------------- LAR.241/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT NO.1 --------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENTS/CLAIMANT & RESPONDENT NO.2 -------------------------------------------------- 1. U.S.SANTHOSH, SARASWATHY MANDIRAM KUZHIVILA, KULATHOOR PO, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOPARK, KARIYAVATTOM, THIRYVANANTHAPURAM. R2 BY ADV. SRI.P.A.AHAMED, SC, TECHNOPARK THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.402 of 2010 ---------------------------------------------------- Dated this the 11th day of April, 2011 Judgment Pius C.Kuriakose, J. The learned Senior Government Pleader has placed before us the postal acknowledgment card pertaining to service of notice on the counsel who was appearing for the claimant in the court below and we declare that the respondent-claimant is duly served. 2. This is an appeal by the Government and pertains to acquisition of land in Attipra Village for the purpose of Technology Parks at Kazhakuttom. The acquisition was pursuant to Section 4 (1) notification published on 17.12.2003. We notice common judgment of this court in L.A.A.No.1332 of 2008 and connected cases. According to us, for the reasons stated in L.A.A.No.1332 of 2008 and connected cases, this appeal is only to be remanded. Accordingly, we set aside the impugned judgment and decree and remand LAR No.241 of 2005 to the learned Subordinate Judge, Trivandrum for fresh decision. That court is directed to afford LAA 402/10 2 opportunity to both sides to adduce whatever further evidence they want to and take a decision. While taking decision the court below will have due regard to the observations made in the common judgment in L.A.A.No.1332 of 2008 and connected cases. Either the Government or the requisitioning authority will make available to the court below a copy of the common judgment in L.A.A.No.1332 of 2008 and connected cases. The Appeal is allowed by way of remand. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 402/10 3 LAA 402/10 4