IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 LA.App..No. 337 of 2006(D) -------------------------- LAR.116/1999 of ADDL.SUB COURT, NORTH PARAVUR APPELLANTS: CLAIMANTS: POULO PAULOSE, ACHANDY HOUSE, KALADY (DIED). 1. ANNAM, W/O. LATE POULO PAULOSE, ACHANDY HOUSE, KALADY. 2. PAULOSE, S/O. LATE POULO PAULOSE, ACHANDY HOUSE, KALADY. 3. ELSY, D/O. LATE POULO PAULOSE, AGED 44 YEARS, ACHANDY HOUSE, KALADY. 4. JOSE, S/O. LATE POULO PAULOSE, AGED 40 YEARS, ACHANDY HOUSE, KALADY. 5. ROSILY, D/O. LATE POULO PAULOSE, AGED 35 YEARS, ACHANDY HOUSE, KALADY. 6. SEBASTIAN, S/O. LATE POULO PAULOSE, AGED 29 YEARS, ACHANDY HOUSE, KALADY. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY CHIEF SECREARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN -R1 SRI.B.S.KRISHNAN(SR.),SC,SANSKRIT UTY. -R2 SRI.K.ANAND, SC, SANSKRIT UTY. SMT.LATHA KRISHNAN,SC,SANSKRIT UTY. SRI.NAGARAJ NARAYANAN,SC,SREE SANK.UNIV THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 337 OF 2006 ---------------------------------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed against the judgment and decree in L.A.R. No.116 of 1999 on the file of the Additional Sub Court, North Paravur. The connected and related matters have already been remanded by this Court by judgment dated 18.10.2007 in L.A.A. No.299 of 2004 and connected cases. In the said common judgment it has been stated that the remand is in view of the judgment in L.A.A. No.1065 of 2003 remitting L.A.R. No.521 of 1998 to the reference court. 2. Accordingly, we set aside the judgment and decree in this case also and remit the matter to the reference court for fresh consideration with liberty to the parties to adduce fresh evidence. We direct the reference to court to dispose of the reference within four months from the date of appearance of the parties. The parties shall appear before the reference court on 1.4.2008. L.A.A.NO.3376/2006 2 In view of the remand, the appellants are entitled to refund of the court fee. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.3376/2006 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO.337/2006 JUDGMENT 22ND FEBRUARY, 2008