IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THE HONOURABLE MR. JUSTICE K. HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 LA.App..No. 304 of 2011() ------------------------- LAR.22/2008 of SUB COURT, KASARAGOD .................... APPELLANT(S): RESPONDENTS IN LAR: --------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KASARAGOD. 2. THE EXECUTIVE ENGINEER, P.W.D.(ROADS DIVISION), KASARAGOD. BY GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR RESPONDENT(S): CLAIMANT IN LAR: ------------------------------- P.A.ABBAS, S/O.ABOOBACKER, KADAVATH PERUMBALA VILLAGE, REPRESENTED BY THE POWER OF ATTORNEY ZUBAIDA, W/O.P.A.ABBAS, KOVVAL HOUSE, PERUMBALA VILLAGE, KASARAGOD TALUK-688 570. ADV. SRI.ASWIN GOPAKUMAR FOR R1 SMT.KALA G.NAMBIAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.304 OF 2011 ................................................................... Dated this the 24th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The appeal was admitted only to the extent it pertains to the grounds relating to the compensation awarded to the claimant/respondent towards injurious affection. Considering the submissions addressed before us by the learned senior Government Pleader - Sri. Shyam Kumar, we are convinced that awarding of compensation by the reference court towards injurious affection is not sustainable on the evidence on record. We set aside the award to the extent it pertains to the compensation for injurious affection and remand LAR.No.22/2008 to the Subordinate Judge's Court, Kasaragod for the purpose of passing a revised award with respect to the correct compensation to be awarded to the claimant towards injurious affection. The land value refixed by the reference court stands approved. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl