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 10TH FEBRUARY 2011 / 21ST MAGHA 1932 LA.App..No. 1069 of 2010 ----------------------------- LAR.265/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR ------------------------------------------------------------------- 1. LALY.R., D/O. RAJAMMA, SREENILAYAM, P.R.A. NO.2, PULIMOODU, PUTHENCHANTHA, PAZHAVANGADI, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, TRIADS, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1069 of 2010 ------------------------------------------------ Dated this the 10th day of February, 2011 JUDGMENT Pius C. Kuriakose, J Heard Smt.Latha T. Thankappan, the learned senior Government Pleader and Smt.Hemalatha, the learned counsel for the respondent. It is submitted by both sides that it was placing reliance on Ext.A2 common judgment that the learned Subordinate Judge has passed the impugned award. It is also submitted by both sides that by judgments in LAA.176/09 and L.A.A.1448/09, Ext.A2 was set aside by this Court. Under the above circumstances, the impugned judgment warrants interference. We set aside the impugned judgment and decree and remand LAR.265/08 to the Second Additional Subordinate Judge's Court, Thiruvananthapuram for taking fresh decision. That court is L. A. A. No.1069 of 2010 -2- directed to permit both sides to adduce whatever further evidence they want to and fresh award will be passed on the basis of the evidence already on record and further evidence which comes to be on record. The parties will enter appearance before the Subordinate Judge's Court on 28/02/11. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-