IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 LA.App..No. 544 of 2009() ------------------------- LAR.5/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI BASANT BALAJI RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. RENUKA DEVI,MANAKATTIL VEEDU, KOLATHILKARA,ATTIPRA. 2. THE CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARKS, KARYAVATTOM,THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 544 OF 2009 --------------------------------------------- Dated: JUNE 9, 2009 JUDGMENT Pius C. Kuriakose, J. This appeal by the Government pertains to acquisition of land in Attipra village for the purpose of Electronics Technopark pursuant to a notification under sec.4(1) published on 17.12.2003. 2. Our attention is drawn by the learned Sr. Government Pleader Sri Basant Balaji to the judgment of a Division Bench of this Court, to which one of us (PCK, J.) was a party, in LAA 1332/2008 and connected cases. Those appeals also pertain to refixation of land value by the reference court in other cases pertaining to acquisition for the same purpose pursuant to the very same notification. Under that judgment we set aside the judgments and decrees of the reference court and remanded the concerned LARs. to the reference court giving opportunity to all L.A.A. 544 OF 2009 2 parties to adduce further evidence and directing the reference court to pass revised judgments. 3. Adopting the reasons stated by us in the above common judgment in LAA 1332/2008 and connected cases dated 8.4.2009 we set aside the impugned judgment and decree and remand LAR 5/2007 to the Subordiante Judge's Court, Thiruvananthapuram. That court will permit all the three parties to adduce whatever further evidence they want to adduce and take a fresh decision in the light of what the Division Bench has stated in its common judgment in LAA 1332/2008 series. Annex a copy of the common judgment in LAA 1332/2008 to this judgment. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-