IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 LA.App..No. 909 of 2005() ------------------------- LAR.42/1990 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: CLAIMANTS -------------------- 1. NARAYANAN THULASEEDHARAN, RESIDING AT PUTHUVAL PUTHEN VEEDU, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM. 2. CHELLAMMA SUDHA DEVI, RESIDING AT DO.DO. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENTS: RESPONDENTS ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR L.A.(NH), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 3.1.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.909 of 2005 ---------------------------------------------- Dated 3rd January, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.1222/05 : Delay condoned. This appeal is directed against the judgment and decree in LAR 42/1990 on the file of the II Additional Sub Court, Thiruvananthapuram. The acquisition is for the purpose of construction of Kazhakkootam-Kovalam bye-pass. The main contention of the appellants is that their property, though situated adjacent to the property covered by LAR 55/90, the market value fixed in that case was not fixed in the case of the appellants. Whether the properties covered by the two references are similar and similarly situated has necessarily to be considered by the reference court. In the interests of justice, we are of the view that a fresh opportunity is to be given to the appellants before the reference court. Accordingly, we set aside the judgment and decree in LAR 42/1990 on the file of the II Additional Sub Court, Thiruvananthapuram, and remit the matter to the said court, with a direction to the court to look into the judgment and decree in LAR 55/90 and see whether the property LAA NO.909/05 2 covered by that reference is similar and similarly situated as the property covered by the reference in LAR 42/90. Needless to say, if both properties are similar and similarly situated, the land value given in LAR 55/90 will be granted to the claimants in LAR 42/90 also. The parties shall appear before the reference court on 11.2.2008. The court below shall answer the reference within another two months. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs