IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 LA.App..No. 480 of 2009(D) -------------------------------- LAR.119/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 -------------------------------------------------------- 1. S.SASIDHARAN, OTTUVILAKATHU VEEDU, VAIKALATHUMURI, KULATHOOR, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARKS, KARYAVATTOM, THIRUVANANTHAPURAM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK SRI.P.A.AHAMMED FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.480 of 2009 ------------------------------------------------ Dated this the 26th day of May, 2010 JUDGMENT Pius C. Kuriakose, J The appeal need not be treated as defective since as directed by us the Advocate who was appearing for the claimant/respondent before the court below has been served with notice and there is no appearance despite that. 2. This appeal by the Government pertains to acquisition of land in Attipra village for the purposes of the Technopark at Kazhakkoottam. The relevant Section 4(1) notification was published on 17/12/03. Under the impugned judgment, the Reference Court has enhanced the L. A. A. No.480 of 2009 -2- value of the land under acquisition on the basis of evidence. Our attention is drawn by the learned Government Pleader to the common judgment of this Court in LAA.1332/08 series dated 08/04/09. Under that judgment, we set aside the award of the Reference Court in respect of the same acquisition of identical properties for the same purpose pursuant to the same notification. We are of the view that for the various reasons stated in that common judgment, the judgment impugned in this appeal is liable to be interfered with. Accordingly, we set aside the judgment impugned and remand LAR.119/06 to the Second Additional Sub Court, Thiruvananthapuram. The Government or the Requisitioning Authority who is represented before us by Sri.P.A.Ahammed will furnish a copy of the common judgment in LAA.1332/08 series to L. A. A. No.480 of 2009 -3- the court below. Both parties will have the right to adduce whatever further evidence they want to in support of their rival contentions. The court below will take a fresh decision on the basis of the evidence already adduced in the case and further evidence if any adduced. Fresh decision as directed above shall be taken by the Subordinate Judge, at the earliest, and at any rate within four months of receiving a copy of this judgment. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-