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 7TH APRIL 2009 / 17TH CHAITHRA 1931 LA.App..No. 414 of 2009() ------------------------- LAR.59/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLIAIM ANTS/2 TO 5,8,10 TO 15, IST CLAIMANT --------------------------------------------------------- 1. PILAKKAL GOPALAN, D/O. AYYAPPAN, AGED 63 YEARS, PILAKKAL HOUSE MARTTOOL AMSOM, MADAKKARA DESOM,P.O.IRINAVU-670301, KANNUR DIST. 2. PILAKKAL CHANDRAMATHI, D/O.KRISHNAN, AGED 62 YEARS, OF DO-DO- 3. PILAKKAL VENUGOPALAN, S/O. KRISHNAN, AGED 61 YEARS, OF DO DO. 4. PILAKKAL RENUKA, D/O.KRISHNAN, AGED 40 YEARS, OF DO DO. 5. PILAKKAL ANILKUMAR, S/O.KRISHNAN, AGED 35 YEARS, OF DO DO. 6. PILAKKAL UNNIKRISHNAN, S/O.KRISHNAN, AGED 38 YEARS, OF DO DO. 7. PILAKKAL NISHA, D/O.KRISHNAN, AGED 32 YEARS, OF DO DO. 8. PILAKKAL MURALEEDHARAN, S/O. KRISHNAN. AGED 48 YEARS, OF DO DO. 9. PILAKKAL AMBUJAKSHI, D/O.ARUMUGHAN, AGED 63 YEARS, PILAKKAL HOUSE, MATTOOL AMSOM, MADAKKARA DESOM, P.O.IRINAVU-670301, KANNUR DIST. 10. PILAKKAL OMANA, D/O. ARUMUGHAN, AGED 63 YEARS, OF DO DO. 11. PILAKKAL SARASA, D/O.ARUMUGHAN, AGED 55 YEARS, DO DO. 12. PILAKKAL HARIHARASUDAN, S/O.ARUMUGHAN, AGED 48 YEARS, OF DO DO. 13. PILAKKAL AMBIKESHAN, S/O.ARUMUGHAN, OF DO DO. 14. PILAKKAL BHUVANENDRAN, S/O. ARUMUGHAN, OF DO DO. 15. K.V.VASANTHA, MATTOOL AMSOM, MADAKKARA DESOM, P.O.IRINAVU-670301,KANNUR DIST. 16. P.JYOTHIDAS, MATTOOL AMSOM, MADAKKARA DESOM, P.O.IRINAVU-670301,KANNUR DIST. 17. P.JOSHIDAS, MATTOOL AMSOM, MADAKKARA DESOM, P.O.IRINAVU-670301, KANNUR DIST. 18. P.JOYIDAS, MATTOOL AMSOM, MADAKKARA DESOM, P.O.IRINVU-670301,KANNUR DIST. BY ADV. SRI.V.PREMCHAND RESPONDENT(S) RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, 'KINFRA', THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.G.S.REGHUNATH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, ALONG WITH L.A.A.416/2009 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.Nos.414,415,416 & 418 of 2009 ------------------------ Dated this the 7th day of April, 2009 JUDGMENT Pius C.Kuriakose, J. These appeals by the claimants pertain to acquisition of land for the establishment of Kannur Power House project pursuant to a notification under Section 4(1). It is brought to our notice that in several appeals preferred by identically placed claimants and also by the State, a Division Bench of this court interfered with the judgment of the reference court and remanded the reference cases back to the reference court for fresh decision after giving opportunity to both sides to adduce further evidence. A copy of the judgment of the Division Bench in L.A.A.1539/2007 is placed before us. In the light of the judgment of the Division Bench in L.A.A.1539/2007, we are of the view that there is justification for passing order of remand in these appeals also. 2. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R. Nos.60/2003, 59/2003, L.A.A..No.414/09.& connected cases 2 2 61/2003, 142/2002, to the Subordinate Judges Court, Thalassery for taking fresh decision after giving opportunity to the claimants to adduce whatever further evidence they want to. If further evidence is adduced by them, that court will permit the Government as well as the requisitioning authority to adduce rebuttal evidence. While taking decision as directed above learned Sub Judge will have due regard to the observations of this court in the judgment in L.A.A. No. 1539/2007. 3. There was filing delay in all these appeals. But we condoned the delay subject to condition only. While passing the revised judgment and extending statutory benefits to the claimants the court will have due regard to the orders passed by us on the delay petition. Appeals are allowed to the above extent. Refund the full court fee paid on the appeal memo to the counsel for the appellants. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk