IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 LA.App..No. 1589 of 2008() -------------------------- LAR.379/2005 of PRL.SUB COURT, THALASSERY .................... APPELLANT/2ND/ 2ND RESPONDENT ---------------------------------------------------- THE GENERAL MANAGER, K.S.I.D.C KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM. BY ADVS. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS/CLAIMANT AND IST RESPONDENT ------------------------------------------------------------------------ 1. PUTHUKKUDI KOUSU, KRISHNALAYAM, VELIYAVELICHAM, MOORIYAD. 2. SPECIAL TAHSILDAR, L.A.THALASSERY. R2 BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 1589 of 2008() ------------------------------------- IA 3674/2008 IN LAA 1589/2008 DISMISSED 14.6.2011 Sd/- PIUS C.KURIAKOSE , JUDGE Sd/- N.K.BALAKRISHNAN, JUDGE / TRUE COPY / P.A. TO JUDGE VK PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.1589 of 2008 ---------------------------------------------------- Dated this the 14th day of June, 2011 Judgment Pius C.Kuriakose, J. Service is completed. Our attention is drawn by the learned counsel for the appellant to the judgment of this court in LAA No.95 of 2009. He is, in fact, placed before us a copy of the above judgment. On going through the above judgment, we find that the same covers the present appeal. For the reasons stated in the judgment, we set aside the judgment and decree impugned in this case and remand LAR No.379 of 2005 to the Subordinate Judge's Court, Thalassery. That court is directed to take a fresh decision and determine the market value of the land under acquisition after affording opportunity to both parties to adduce whatever further evidence they desire of. Needful compliance of the above directions will be done by the learned Subordinate Judge within four months of receiving copy of this judgment. The appeal is allowed as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd 2 3