IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 LA.App..No. 787 of 2009(B) ------------------------------- LAR.423/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT: --------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 ------------------------------------------------------------ 1. CHITHIRA.K.AJITH, D/O. PARVATHY AMMA, ANAND VIHAR, THYCAUD VILLAGE, TRIVANDRUM. 2. THE SECRETARY, TRIDA, TRIVANDRUM. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 SRI.R.MANOJ FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.787 of 2009 ------------------------------------------------ Dated this the 9th day of June, 2011 JUDGMENT Pius C. Kuriakose, J It is fairly conceded by both Smt.Latha T. Thankappan, the learned Senior Government Pleader and Sri.R.Manoj, the learned counsel for the claimant/respondent that in view of the remand judgment already passed by this Court in LAA.1363/08, the impugned judgment will have to be interfered with and LAR will have to be remanded back to the Reference Court. A copy of the above judgment is placed before us. Having gone through the above judgment, we feel that the impugned judgment warrants interference. Accordingly, we set aside the judgment and decree under appeal and remand LAR.423/05 to the Additional Sub Court, Thiruvananthapuram. The claimant will place before the L. A. A. No.787 of 2009 -2- learned Subordinate Judge a copy of the judgment in LAA.1363/08. It is for the various reasons stated in that judgment also that we are passing this order of remand. The learned Subordinate Judge is directed to pass revised judgment determining the market value after permitting all parties to adduce whatever further evidence they want to. Parties will enter appearance before the learned Subordinate Judge on 30th June, 2011. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.787 of 2009 -3-