IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 LA.App..No. 92 of 2010() ------------------------ LAR.157/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): IST RESPONDENT ---------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ---------------------------------------- 1. SANTHAMMA, VALIYAVILAKATHU VEEDU, KULATHOOR, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, KAZHAKUTTOM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 92 OF 2010 ------------------------ Dated this the 12th day of August, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal pertains to acquisition of land in Attipra Village pursuant to Section 4(1) notification published on 17/12/2003 for the purpose of Techno Park. We notice our own common judgment in L.A.A No.1332/2008 series. According to us, for the reasons stated in that common judgment, the impugned judgment and decree are liable to be interfered with. Therefore, we set aside the impugned judgment and decree and remand L.A.R.No.157/2007 to the Subordinate Judge's Court, Thiruvananthapuram. Either the Government or the requisitioning authority will place before the Subordinate Judge a copy of the common judgment in L.A.A.No.1332/2008 series. The learned Subordinate Judge will afford opportunity to the parties to adduce further evidence and pass revised judgment at the earliest. While passing the revised judgment, the learned LAA.No.92/2010 2 Subordinate Judge will have due regard to the observations in the common judgment in L.A.A. No.1332/2008 series. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk