IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 LA.App..No. 440 of 2010() ------------------------- LAR.65/2001 of SUB COURT, KASARAGOD .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANT ----------------------- 1. K.MOHAMMED SHAREEF, REP.BY K.I.IBRAHIM, S/O.KALLATRA ABDULKHADER HAJI, MELPARAMBA, KALANADU VILLAGE, KASARAGOD. 2. THE DEPUTY CHIEF ENGINEER, SOUTHERN RAILWAY, KANNUR. ADV. SRI.SHIRAZ ABDULLA FOR R SRI.M.S.IMTHIYAZ AHAMMED THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 440 of 2010 ----------------------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. The appeal is remaining in the defect list. But we find that there is appearance for the respondents. Hence the appeal need not be treated as defective and we are taking up the appeal for hearing and disposal. 2. It is brought to our notice that the other cases covered by the impugned common judgment have already been remanded to the Reference Court after setting aside the impugned common judgment to the extent the same pertains to them. We do not find any reason as to why the same course should not be followed in this case also. Hence we set aside the impugned judgment and remand LAR. No. 65 of 2001 to the Subordinate Judge's Court, Kasaragod. The Government will submit a copy of the judgment in LAA. No. 308 of 2009 also before the learned Subordinate Judge. LAA. No. 440/10 -2- The learned Subordinate Judge will take fresh decision in the light of the directions contained in that judgment. The appeal is allowed by way of remand. No costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-