IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 LA.App..No. 31 of 2006 ( C ) & C. O. No.89 of 2007 ------------------------------ LAR.439/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR, LA, OECF, KOZHIKODE. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. MEERIYADATH KALARIKKAL AMMUNNI ALIAS CHINNAMMU AMMA(DIED), SANTHI, ARIYALLOOR, VALLIKUNNU, THIRURANGADI TALUK. 2. K.K.VASANTHI DEVI, D/O.CHINNAMMU AMMA, SANTHI NILAYAM, ARIYALLUR AMSOM DESOM, THIRURANGADI TALUK. 3. K.K.VISWANATHAN, S/O.CHINNAMMU AMMA, SANTHI NILAYAM, ARIYALLUR AMSOM DESOM, THIRURANGADI TALUK. ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE FOR R2 & R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2010, ALONG WITH CO NO.89 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.31 of 2006 & Cross Objection No.89 of 2007 ------------------------------------------------ Dated this the 22nd day of January, 2010 JUDGMENT Pius C. Kuriakose, J This appeal pertains to reference case in respect of acquisition for the purpose of laying pipeline and construction of water tank at Beypore village pursuant to Section 4(1) notification issued on 23/05/1998. The appeal is preferred by the Government contending that the enhancement granted by the Reference Court is excessive while the claimants have filed C.O.89/07 complaining that the enhancement granted is quite inadequate. We do not propose to examine the merits of either the appeal or the Cross Objection. 2. Our attention is drawn by the learned Senior L. A. A. No.31 of 2006 & Cross Objection No.89 of 2007 -2- Government Pleader Smt.Latha T. Thankappan to the common judgment of this Court in L.A.A.492/04 and Cross Objection No.131/04 and connected cases. On going through the above judgment, we notice that the above judgment is in respect of acquisition of identical properties for the same purpose. Under the above judgment, this Court set aside the judgment of the Reference Court and remanded the L.A.Rs directing the Reference Court to take a fresh decision after affording opportunity to both sides for adducing further evidence. We are of the view that for the reasons stated in the above common judgment, the impugned judgment is also liable to be interfered with. Accordingly, we set aside the judgment and decree impugned in the appeal and remand L.A.R.439/00 to L. A. A. No.31 of 2006 & Cross Objection No.89 of 2007 -3- the Subordinate Judge's Court, Kozhikode. That court is directed to afford opportunity to all parties to adduce whatever further evidence they want to in support of their claim. That court will pass revised judgment on the basis of the entire evidence which comes on record. While taking decision that court will have due regard to the observations of this Court in the common judgment dated 30th October, 2007 in L.A.A.492/04 series. The learned Subordinate Judge will complete further enquiry and pass revised judgment at the earliest, and at any rate, within four months of parties entering appearance pursuant to this remand order. 3. The appeal as well as the Cross Objection are thus allowed by way of remand. Refund the court fee L. A. A. No.31 of 2006 & Cross Objection No.89 of 2007 -4- paid on the memorandum of Cross Objection to the Cross Objectors or through their counsel. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-