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 3RD MARCH 2011 / 12TH PHALGUNA 1932 LA.App..No. 552 of 2010(C) -------------------------- LAR.105/2008 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): CLAIMANT & R2 ---------------------------- 1. MOHANAN S., MARACKAKUDI VEEDU, VAYYAKKALATHU MURI, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, THIRUVANANTHAPURAM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.552 OF 2010 ------------------------ Dated this the 3rd day of March, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Attipra village for the purpose of Techno Park, Kazhakuttom. The acquisition was pursuant to Section 4(1) notification published on 17/12/2003. We notice common judgment of this court in L.A.A. No.1332/2008 series. According to us for the various reasons stated in that common judgment, the impugned judgment herein is liable to be interfered with. We set aside the judgment and decree and remand L.A.R. No.105/2008 to the II Addl. Subordinate Judges' Court, Thiruvanthapuram. That court is directed to take fresh decision in the LAR after affording opportunity to both sides to adduce whatever further evidence they want to. While taking decision, the learned Subordinate Judge will have due regard to the observations of this court in the common Judgment in L.A.A. No.1332/2008 series. Either the Government or the L.A.A.No.552/2010 2 requisitioning authority will place before the learned Sub Judge a copy of the above common judgment. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk