IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 856 of 2010(D) -------------------------------- LAR.152/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): ----------------- THOTTATHIL KANNAN, THOTTATHIL HOUSE, IRINAVU P.O., KANNUR. BY ADV. SRI.V.PREMCHAND SRI.SANTHOSH.M.K. RESPONDENT(S): RESPONDENTS -------------------------------------- 1. THE SPECIAL TAHSILDAR (NH)(LA) KANNUR. 2. THE MANAGING DIRECTOR, "KINFRA", VELLAYAMBALAM, THIRUVANANTHAPURAM. GOVT. PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M. L. JOSEPH FRANCIS, JJ. ------------------------------------------------ L. A. A. No.856 of 2010 ------------------------------------------------ Dated this the 30th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. The case relates to acquisition of land in Kalliassery village for the purposes of Kannur Power Project. It is brought to our notice that the issue raised in this appeal is covered by various other decisions of this Court including the decision in LAA.1089/07, a copy of the above decision is placed before us. We find that in that case, this Court interfered with an identical judgment passed by the Reference Court and remanded the L.A.R back to the Reference Court for fresh decision. Following that decision, L. A. A. No.856 of 2010 -2- we set aside the impugned judgment allowing the L.A.A by way of remand and direct the Reference Court to take a fresh decision in LAR.152/02 after giving opportunity to both sides to adduce further evidence. The court fee remitted on the appeal memo will be refunded to the counsel for the appellant. The parties will enter appearance before the Reference Court on 30/08/10. This remand order will become operative only if the Registry notices compliance with the conditions imposed by us in C.M.Application No.1295/10. PIUS C. KURIAKOSE JUDGE M. L. JOSEPH FRANCIS JUDGE kns/-