IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 LA.App..No. 835 of 2010(C) ------------------------------- LAR.149/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ----------------------------- MULIYAN THOTTATHIL LAKSHMANAN, THOTTATHIL HOUSE,IRINAVU.P.O,KANNUR. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): RESPONDENTS -------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY SPECIAL TAHSILDAR LA(NH),KANNUR. 2. THE MANAGING DIRECTOR,'KINFRA', THIRUVANANTHAPURAM. GOVT. PLEADER SMT.LATHA T. THANKAPPAN (SR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ C. M. Application No.1268 of 2010 & L. A. A. No.835 of 2010 ------------------------------------------------ Dated this the 26th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The delay of 339 days caused in the matter of filing the appeal is condoned subject to the following conditions:- a) In the event of the appeal being allowed and the appellant becoming eligible for enhanced compensation either by virtue of the impugned judgment or by virtue of any revised judgment which may be passed by the Reference Court, such enhanced compensation will not carry interest during the period of 711 days condoned by our order dated 02/07/10 in C. M. Application L. A. A. No.835 of 2010 -2- No.1075/10 and the period of 339 days condoned by this order. b) There will be a further condition that the appellant pays a sum of Rs.2,000/- more to the Legal Services Committee within ten days from today and produces receipt. It is submitted before us by the learned counsel for the appellant that the amount ordered to be paid to the High Court Legal Services Committee will be paid without delay. We accept the above submission and consider the appeal for admission, hearing and disposal. L.A.A. No.835/2010 The claimant is in appeal. The acquisition was for the purpose of establishment of Kannur Power Project. Our attention is drawn to the judgment of L. A. A. No.835 of 2010 -3- this Court in L.A.A.1539/07 series and also to our own judgment in LAA.548/08 and connected matters. Under those judgment, this Court has set aside the award passed by the Reference Court and remanded the LAR cases to the Reference Court for fresh decision. Under the above circumstances, we allow this appeal by way of remand. The judgment and decree impugned is set aside and LAR.149/02 is remanded to the Sub Court, Thalassery. The Sub Court is directed to afford opportunity to both sides to adduce whatever further evidence they want to, take a fresh decision and to pass revised judgment. While preparing the decree the concerned Section of the Sub Court will have due regard to the order we have passed today in C.M. Application L. A. A. No.835 of 2010 -4- No.1268/10. A copy of that order will be placed before the Sub Court by the appellant. Since we notice laches on the part of the appellant, we are not inclined to refund 1/3rd of the court fee remitted on the appeal memo to the appellant. The Registry will retain Rs.3,000/- to be appropriated by the Government towards the Government costs. This means only Rs.16,281/- will be refunded. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-