IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 LA.App..No. 336 of 2009() ------------------------- LAR.241/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR, LA-II, AIRPORT, MANNUR AT MATTANNUR. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLIAIMANTS ------------------------- NARANGAPURATHU VASU, KAITHERI VEEDU, P.O. KARAPERAVOOR, MATTANNUR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 336 of 2009 ----------------------------------------------- Dated this the 27th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. The Government is in appeal. The learned Subordinate judge relied on the judgment in LAR.238/01 of the Sub Court (Addl. Subordinate Judge) Thalassery. The registry reports to us that against that judgment appeal LAA. 1163/07 was filed before this Court and this Court set aside the judgment in LAR.238/01 and remitted that LAR to the Sub Court for fresh decision. We feel there is justification for setting aside the judgment which is impugned in this appeal as the judgment in LAR. 238/01 was interfered with. Hence we set aside the judgment and decree under appeal and remand LAR. No. 241/01 to the Subordinate Judge's Court, Thalassery. The learned Subordinate Judge is directed to issue notice to the parties and to pass a revised judgment after permitting both sides to adduce evidence. LAA.336/09 -2- However, if under the revised judgment the claimants become eligible for value more than what is awarded to them under the impugned judgment, such enhanced value will not carry interest under Section 28 of the Land Acquisition Act during the period from 27-11-2004 till 27-6- 2011. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-