IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 LA.App..No. 421 of 2010(A) ------------------------------- LAR.94/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO. 1 IN LAR ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------------------------- 1. N.SUNDARESWARAN NAIR, ANJALI, TC 3/2394/1. PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.LAL GEORGE FOR R1 SMT.M.J.INDUJA FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2010, ALONG WITH LAA NO.465 OF 2010 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.421, 465 & 599 of 2010 ------------------------------------------------ Dated this the 13th day of August, 2010 JUDGMENT Pius C. Kuriakose, J The issue in all these appeals, according to us, are covered by the judgment of this Court in L.A.A. No.1336/09 series. For the various reasons stated in that common judgment, the judgment and decree which are impugned in these appeals are liable to be interfered with. Accordingly, we set aside the judgments and decrees under appeal and remand the LARs to the the Reference Court for taking fresh decision. It is needless to mention that the observations contained in the judgment of this Court in L.A.A.1336/09 series will be taken L.A.A. No.421/10 & con. cases -2- note of by the learned Subordinate Judge while passing revised judgment. It is open to both parties to adduce whatever further evidence they want to in support of their claim and the learned Subordinate Judge will pass revised judgment on the basis of the entire evidence comes on record. Parties will enter appearance before the Reference Court on 16/09/10. All these appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-