IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 LA.App..No. 2278 of 2008(D) --------------------------- LAR.397/2005 of PRL.S.C.,THALASSERY .................... APPELLANT/2ND RESPONDENT. ---------------------------------- THE GENERAL MANAGER, K.S.I.D.C, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S)/CLAIMANTS 1 &2 AND 1ST RESPONDENT ----------------------------------------------------------------- 1. K.P.JANARDHANAN, S/O.GOVINDAN, PANOLI HOUSE P.O. KUTHUPARAMBA. 2. K.P.DINESHAN, S/O.GOVINDAN, PANOLI HOUSE, P.O.KUTHUPARAMBA. 3. THE SPECIAL TAHSILDAR, LA, THALASSERY. ADV. SRI.C.P.PEETHAMBARAN FOR R2 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.2278 of 2008 ---------------------------------- Dated this the 19th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. Requisitioning authority is in appeal in this case which pertains to acquisition of land in Kuthuparamba village for the purpose of widening of Kuthuparamba-Valiyavelicham road to appellant's Industrial Growth Centre at Valiyavelicham. Our attention is drawn to the judgment of this court in L.A.A. Nos.1452/08, 1453/08, 1455/08 and also to the judgments in L.A.A. Nos.1442/08, 1457/08 and 1574/08. It is seen that those judgments were in appeals in respect of identical properties for which same rate of enhancement had been granted by the reference court. Under those judgments we set aside the decree and remand the L.A.R. to the reference court giving liberty to both sides to adduce evidence. In view of the decision taken in those appeals we set aside the impugned judgment and remit L.A.R.No.397/05 to Sub Court, Thalassery. Parties are given liberty to adduce whatever evidence they have before that L.A.A.2278/08 2 court. The Sub Court, Thalassery is directed to take a fresh decision in the appeal on the basis of the entire evidence to be adduced. Refund full court fee remitted on the appeal memorandum to the counsel for the appellant. 2. It is submitted that 50% of the decree debt is deposited before the court below. Not withstanding this judgment we direct that the court below shall permit the claimant/respondent to withdraw the amount under deposit subject to the final outcome of the L.A.R. case. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb