IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 LA.App..No. 722 of 2010 --------------------------- LAR.353/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANTS & RESPONDENT NO2. --------------------------------------------------------- 1. BIJU RAMESH, "SAMTHRIPTHI", KOTTAKKAKAM, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARK,KARAYAVATTOM, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R2 SRI.P.A.AHAMMED FOR R2 SRI.THOUFEEK AHAMED FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.722 of 2010 ------------------------------------------------ Dated this the 23rd day of March, 2011 JUDGMENT Pius C. Kuriakose, J This appeal filed by the Government pertains to acquisition of land in Attipra village for the purpose of Electronic Technology Park at Kazhakoottam in Thiruvananthapuram District pursuant to Section 4(1) notification published on 17/12/03. We notice the judgment of this Court in LAA.1332/08 series. In view of the reasons stated in that judgment, the impugned judgment and decree are liable to be interfered with. We set aside the judgment and decree under appeal and remand LAR.353/06 to the Second Additional Sub Court, Thiruvananthapuram. That court is directed to take a fresh decision in the matter keeping in mind the observations contained in the common L. A. A. No.722 of 2010 -2- judgment of this Court in L.A.A.1332/08 series. All parties will be permitted to adduce further evidence. Either the Government or the Requisitioning Authority will place a copy of the common judgment in L.A.A.1332/08 series before the Reference Court. The learned Subordinate Judge will pass the revised judgment on the basis of the entirety of the evidence which comes on record. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-