IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 LA.App..No. 96 of 2009(D) ------------------------- LAR.246/2005 of PRL.S.C.,THALASSERY .................... seizin APPELLANT(S): 2ND RESPONDENT ---------------------------- THE GENERAL MANAGER, K.S.I.D.C, KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT ------------------------------------------ 1. MUNDAYATH KANI AYISHA KUNHI, KUTTIKKAD HOUSE, P.O.MOORIYAD. 2. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17 /6 /2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.96/2009 ------------------------ Dated this the 17th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the requisitioning authority against an award of the land acquisition reference court refixing the value of the acquired land from Rs.2387/- per cent to Rs.10,000/- per cent. Acquisition was for the purpose of establishment of Industrial Growth Centre, at Cherthala. Though service is completed there is no appearance for the claimants respondents. Our attention is drawn by the learned counsel for the appellants to the judgment of this court in L.A.A No.1697/2008. We have gone through that judgment. In that judgment this court considered similar case and set aside the award of the reference court and remanded the LAR to the reference court. Following our decision in L.A.A.No.1697/2008, this impugned judgment according to us is liable to be set aside. 2. Accordingly, allowing the appeal we set aside the impugned judgment and remand L.A.R. No.246/2005 to the Sub Court, Thalassery. That court will afford opportunity to the L.A.A..No.96/2009 2 parties to adduce further evidence to substantiate their contentions. Revised judgment will be passed by the sub court on the basis of the entire evidence which comes on record. Refund full court fee paid on the appeal memo to the counsel for the appellant. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk