IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 LA.App..No. 933 of 2009() ------------------------- LAR.406/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 -------------- MANAGING DIRECTOR KSIDC, REP. BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD KOWDIAR, THIRUVANANTHAPURAM BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R1 --------------- 1. SHRI. PANISSERI RAMESAN S/O ACHUTHAN RINOY VILLA, NUNHAMBAI KUTHUPARAMBA 2. GOVT. OF KERALA, REP. BY THE DISTRICT COLLECTOR KANNUR ADV. SRI.V.V.ASOKAN (CAVEATOR) FOR R1 SRI.P.P.RAMACHANDRAN FOR R1 GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 933 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2009 JUDGMENT Pius.C.Kuriakose, J. KSIDC - the requisitioning authority is the appellant . The appeal pertains to acquisition of land in Kuthuparamba village for the widening of road leading to the Industrial Growth Centre at Valiyavelicham . The land acquisition officer awarded land value at the rate of Rs. 9864/- per cent which was enhanced under the impugned judgment to Rs.25,000/- per cent. 2. One among us ( PCK(J) had occasion to deal with a large number of cases pertaining to the very same acquisition. By judgment reported in 2008(4) KLT 726 ( KSIDC v. Vayalambron Krishnan) , this court interfered with the judgments of the reference court and remanded the LAR cases to the reference court for taking fresh decision. The reasons stated in that judgment are good reasons for setting aside the judgment impugned in this appeal. Accordingly, we set aside the judgment and decree under appeal and remand LAA.NO.933/09 2 L.A.R.No.406/2005 to the Sub Court, Thalassery. The Sub Court will take fresh decision in the light of the observations contained in the above judgment, a copy of which will be furnished to the Sub Court by the appellant. The Sub Court will afford opportunity to all parties to adduce further evidence, if they so choose. Fresh decision as directed above will be taken at the earliest and at any rate within four months of the Sub Court receiving copy of this judgment. Refund the full court fee paid on the appeal memo to the counsel for the appellant. PIUS C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.NO.933/09 2