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 12TH OCTOBER 2009 / 20TH ASWINA 1931 LA.App..No. 1025 of 2009() -------------------------- LAR.78/2001 of SUB COURT, KASARAGOD .................... APPELLANT(S)/ RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KASARAGOD. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S)/CLAIAMNTS: --------------- 1. N.A.MOHAMMAD KUNHI, S/O.LATE NALAPPAD ABDULKHADER HAJI, KEEZHUR, KOLANAD VILLAGE, CHANDRAGIRI POST, KASARAGOD. 2. P.A.NAFEESA, W/O.LATE ABDHULLA KUNHI, KEEZHUR, KOLANAD VILLAGE, CHANDRAGIRI POST, KASARAGOD. 3. N.A.ASHRAF, S/O.LATE ABDHULLA KUNHI, KEEZHUR, KOLANAD VILLAGE, CHANDRAGIRI POST, KASARAGOD. 4. N.A.ABIDALI, S/O.LATE ABDHULLA KUNHI, KEEZHUR, KOLANAD VILLAGE, CHANDRAGIRI POST, KASARAGOD. 5. N.A.MOHAMMED ALIAS UMBU, S/O.LATE ABDHULLA KUNHI, KEEZHUR, KOLANAD VILLAGE, CHANDRAGIRI POST, KASARAGOD. 6. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR. ADV. SRI.IMTHIYAZ AHAMED FOR R1 TO 5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1025 OF 2009 ------------------------ Dated this the 12th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. It is submitted by the learned Government Pleader Smt.Latha T.Thankappan and fairly conceded by the learned counsel for the claimants that in view of the judgment of this court in L.A.A. No.308/2009 pertaining to another case relating to the same acquisition, the impugned judgment will have to be interfered with and the case remanded to the Sub Court, Kasaragod. A copy of the judgment in L.A.A. 308/2009 is placed before us. We are of the view that for the reasons stated in that judgment, the impugned judgment is liable to be interfered with. 2. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R. No. 78/2001 to the Sub Court, Kasaragod. The claimants/respondents are directed to place a copy of the judgment in L.A.A. No. 378/2009 also before the Reference Court. The Reference Court will pass revised judgment after giving opportunity to both sides for adducing whatever further evidence they want to. Revised Judgment will be passed L.A.R..No.1025/2009 2 on the basis of the entirety of the evidence which comes on record and keeping in mind the observation of this court in L.A.A. No. 308/2009. The Reference Court will consolidate L.A.R. No. 78/2001 with all other connected matters pending before that court and will pass revised judgment within the time frame fixed in the judgment in L.A.A. No.308/2009. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk