IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 LA.App..No.1995 of 2008 ---------------------------- LAR.197/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA. KOZHIKODE. BY sr. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. SRANKINTAKATH SUBAIDA RAHIMAN, SRANKINTAKAM, PANNIYANKARA, THIRUVANNUR NADA, CALICUT. 2. C.PREMARAJAN, S/O. SAMI, KOOTTOLI AMSOM, PARAYANCHERRI DESOM, PUTHIYARA, CALICUT. ADV. SRI.E.NARAYANAN FOR R1 SRI.SRINATH GIRISH FOR R1 SRI.JESWIN P.VARGHESE FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1995 of 2008 ------------------------------------------------ Dated this the 13th day of October, 2009 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Nagaram village within the area of Kozhikode Corporation pursuant to section 4(1) notification published on 26/11/93. The Land Acquisition Officer awarded land value at the rate of Rs.41,851/- per cent which was enhanced by the Reference Court to Rs.2 lakhs per cent which was done by placing reliance on Ext.A1 judgment. It is brought to our notice that this Court interfered with Ext.A1 by judgment in L.A.A.351/02 and remanded the LAR in which Ext.A1 was passed back to the Reference Court. Following that view, we set aside the judgment and L. A. A. No.1995 of 2008 -2- decree under appeal and remand the L.A.R back to the Sub Court, Kozhikode. The Sub Court, Kozhikode is directed to permit both sides to adduce whatever evidence they want to in support of the rival contentions. Revised judgment will be passed by the Reference Court on the basis of the entirety of the evidence which comes on record. Parties will appear before the Reference Court on 09/11/09. The Reference Court will pass the revised judgment within four months thereafter. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-