IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 LA.App..No. 1911 of 2008() -------------------------------------- LAR.165/2005 of ADDL. SUB COURT,THALASSERY .................... APPELLANT(S): APPELLANT ----------------------- THE GENERAL MANAGER,KSIDC, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI RESPONDENT(S): RESPONDENT/CLAIMANT 1 & 2 AND 1 RESPONDENT IN LAR ----------------------------- 1. OTHAYOTH VASUMATHI, ETHALAKOTTAYIL HOUSE, P.O.MOORIYAD. 2. GOVERNMENT OF KERALA, DISTRICT COLLECTOR, KANNUR. SR. GOVERNMENT PLEADER SRI.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- L.A.A.NO. 1911 OF 2008 --------------------------------- Dated this the 8th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Subordinate Judge, Thalassery in L.A.R. No. 165/2005. An extent of 0.0035 hectors of garden land in R.S. 34/5 in Kuthuparamba Village was acquired for the purpose of widening the road. The Land Acquisition Officer passed an award for Rs. 3,142/-. The Land Acquisition Court after considering the materials fixed the land value at Rs. 20,000/- per cent. 2. The learned counsel for the appellant submits before me that for the property acquired under the very same notification, awards were passed against which appeals were filed and all of them have been remanded to trial court for disposal. So in the light of the said submission, as it deals with one notification it is desirable that the matter be tried along with the other cases which is already remanded by this court. 3. Therefore the award under challenge is set aside and the matter is remitted back to the trial court for fresh consideration after permitting both sides to adduce oral as well as documentary L.A.A.No. 1911/2008 -2- evidence in support of their respective contentions. Parties are directed to appear before the tribunal on 20.2.2009. In case, the claimant does not appear on that date, notice may be issued at the instance of the 2nd respondent in the L.A.R to the claimant for participation in the trial. The full court fee be refunded to the appellant's counsel in this case. M.N. KRISHNAN,JUDGE vkm