IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 LA.App..No. 1413 of 2007() -------------------------- LAR.6/2002 of SUB COURT, KASARAGOD .................... APPELLANT(S): RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, LAND ACQUSITION (RAILWAY), KASARAGOD. 2. THE DISTRICT COLLECTOR, KASARAGOD. 3. THE DEPUTY CHIEF ENGINEER, SOUTHERN RAILWAY (CONSTRUCTION), KANNUR. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT: ------------------------ SAFIYA, D/O. ABDULLA, W/O. MUSTAK ALI, THALANGARA, KASARAGOD. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1413 of 2007 C ``````````````````````````````````````````````````````` Dated this the 1st day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. Service is declared completed. There is no appearance for the respondent before the Court. 2. It was relying on Ext.A1 that the reference court granted enhancement under the impugned judgment. It is pointed out by the learned senior Government Pleader that Ext.A1 was set aside by this Court by judgment in L.A.A.Nos.308, 323 and 394 of 2009 dated 14-09-2009 and the reference cases covered by Ext.A1 were remanded back to the reference court. 3. Since Ext.A1 is set aside, we are of the view that the impugned judgment is also liable to be set aside. We set aside the impugned judgment and decree and remand L.A.R. No.6/2002 back to the Sub Court, Kasaragod. That court is directed to afford an opportunity to both sides to adduce whatever evidence they want to. The learned Sub Judge is directed to pass revised LAA.1413/07 : 2 : judgment within three months of the first posting of the case, after copy of this judgment is made available before that court. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks