IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 LA.App..No. 1031 of 2007(C) -------------------------------- LAR.36/2002 of SUB COURT, KASARAGOD .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. THE STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, LAND ACQUISITION (RAILWAY), KASARAGOD. 2. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------- SUHARABI, AGED 55, W/O.MOHAMMED, THALANGARA, KASARAGOD TALUK, KUNNARIYATH, KALNAD. ADV. SRI.P.V.KUNHIKRISHNAN FOR R.1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1031 of 2007 ------------------------------------------------ Dated this the 23rd day of October, 2009 JUDGMENT Pius C. Kuriakose, J Heard both sides. It is seen that enhancement was granted under the impugned judgment by the learned Subordinate Judge relying on the judgment in L.A.R.32/01 only. But, we notice that the above judgment was set aside by this Court by common judgment dt.25/01/08 in L.A.A.1253/05 series. For the various reasons stated in that common judgment, the judgment impugned in this appeal is also liable to be interfered with. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R.36/02 to the Subordinate Judge's Court, L. A. A. No.1031 of 2007 -2- Kasaragod. The Government is directed to place a copy of the common judgment dt.25/01/08 in L.A.A.1253/05 before the learned Subordinate Judge. The learned Subordinate Judge will permit both sides to adduce further evidence if they want to and will pass revised judgment in the case keeping in mind the observations in the common judgment in L.A.A.1253/05 also. Parties will appear before the Reference Court on 13/11/09. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-