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 29TH JUNE 2009 / 8TH ASHADHA 1931 LA.App..No. 1486 of 2008() -------------------------- LAR.6/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ THE SPECIAL TAHSILDAR (LA) NH-1, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. KALAPARAMBATH RADHAKRISHNAN, KALAPARAMBATH HOUSE, VENGERI, KOZHIKODE. 2. KALAPARAMBATH VELAYUDHAN, KALAPARAMBATH HOUSE, VENGERI, KOZHIKODE. 3. KALAPRAMBATH PADMAVATHY, KALAPARAMBATH HOUSE, VENGERI, KOZHIKODE. 4. KALAPARAMBATH RAJAN, KALAPARAMBATH HOUSE, VENGERI, KOZHIKODE. ADV. SRI.T.R.RAVI FOR R1 TO 4 SRI.P.S.MURALI FOR R1 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1486 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. The Registry reports that L.A.A.No.76/2002 preferred against Ext.A4 was allowed by this court by passing an order of remand. Since it was placing reliance on Ext.A4 that enhancement was granted by the reference court under the impugned judgment, it becomes necessary to set aside the impugned judgment and pass an order of remand. Accordingly, the judgment and decree under appeal are set aside. L.A.R.No.6/99 is remanded to the reference court. The reference court will take a fresh decision after giving opportunity to both sides to adduce further evidence. While taking decision, that court will have due regard to the judgment of this court in L.A.A.No.76/2002, a copy of which will be furnished by the claimant and also of any revised judgment which has been passed by the reference court pursuant to the order of remand in L.A.A.No.76/2002. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv.