IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 LA.App..No. 400 of 2010(D) -------------------------- LAR.21/2004 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S)/RESPONDENT 1 IN LAR: -------------- STATE OF KERALA REP BY THE SPECIAL TAHSILDAR LA UNIT, VANCHIYOOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S)/CLAIMANTS 1 4 & 2 ND RESPONDENT IN LAR : --------------- 1. BHASURA DEVI, D/O.KUNJUKRISHNAN, AGED 64, MELATHIL VEEDU, VARKALA VILLAGE, ALSO HAVE RESIDENCE AT PLAVILA HOUSE,VILABHAGOM, NEDUGANDA PO,CHIRAYANKEEZH TALUK. 2. LATHA V, D/O.VIMALANANDAN, MELATHIL VEEDU, VARKALA VILLAGE. 3. JEWA V,S/O. VIMALANANDAN, MELATHIL VEEDU, VARKALA VILLAGE. 4. LENA V, D/O.VIMALANANDAN, MELATHIL VEEDU, VARKALA VILLAGE, REP BY POWER OF ATTORNEY HOLDER SRI.M.K.SREESAN, TC IX/2518 JUDGES LANE ,SASTHAMANGALAM, THIRUVANANTHAPURAM. 5. THE SECRETARY,VARKALA MUNICIPALITY, VARKALA. ADV. SRI.J.S.AJITHKUMAR FOR R5 SRI.R.MANOJ FOR R1-4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 400 OF 2010 ------------------------ Dated this the 8th day of February, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land at Varkala Village for the construction of Private Bus stand at Varkala. 2. We have heard the learned senior Government Pleader Smt.T.T.Josephina and Sri.J.S.Ajithkumar, learned standing counsel for the Varkala Municipality and Sri.R.Manoj, learned counsel for the claimants. The learned counsel drew our attention to the judgment of this court in L.A.A. Nos. 480/2010 & 1002/2009 . All these cases pertain to acquisition for the same purpose pursuant to the same notification. We feel that for the reasons stated in these judgments, the impugned judgment and decree are liable to be interfered with. Accordingly, we set aside the judgment and decree and remand L.A.R. No.21/2004 to the Subordinate Judge's Court, Attingal. The parties will enter appearance before the learned L.A.A.No.400/2010 2 Reference Court on 28/2/2011. The learned Subordinate Judge will pass revised award after affording opportunity to all the parties to adduce whatever further evidence they want to. Fresh decision will be taken on the basis of the evidence already on record and the evidence which comes to be on record. The appeal is thus allowed by way of remand. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk