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. 125 of 2009 ---------------------------- LAR.387/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S)/RESPONDENT NO.2: -------------------------------------- GENERAL MANAGER, KSIDC REP. BY ASSISTANT GENERAL MANAGER,KSIDC KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S)/CLAIMANTS 1 TO 11 AND R1: ---------------------------------------------------- 1. EDAVANA RADHA, THATTIYAD HOUSE, PO.MOORIYAD, 2. EDAVANA RAJANI, THATTIYAD HOUSE, PO.MOORIYAD. 3. EDAVANA JANARDHANAN, THATTIYAD HOUSE PO.MOORIYAD 4. EDAVANA SURESH BABU, THATTIYAD HOUSE, PO.MOORIYAD, 5. EDAVANA RATHI, THATTIYAD HOUSE, PO. MOORIYAD. 6. EDAVANA PURUSHOTHAMAN, THATTIYAD HOUSE PO,MOORIYAD. 7. EDAVANA RAJITH, THATTIYAD HOUSE PO.MOORIYAD. LA.App..No. 125 of 2009 -2- 8. MUKUNDAN PUTHUKUDY, PUTHUKUDY HOUSE, PO.MANGATTIDAM, 9. E.A.VIJINA, PUTHUKUDY HOUSE, PO.MANGA- TTIDAM. 10. E.A.SUJINA, PUTHUKUDY HOUSE, PO. MANGATTIDAM. 11. SPECIAL TAHSILDAR, LA, THALASSERY. (R1, R8, R9 AND R10 ARE THE LEGAL HEIRS OF ORIGINAL 7TH CLAIMANT) SR. GOVT.PLEADER SMT.LATHA T. THANKAPPAN 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.125 of 2009 ------------------------------------------------ Dated this the 13th day of October, 2009 JUDGMENT Pius C. Kuriakose, J R5 is declared duly served invoking Rule 51(2) of the Kerala High Court Rules. Notice which was sent to R8 is returned with the endorsement “outside India”. But, we notice that R8 is the legal heir of the deceased 7th claimant in the L.A.R along with R1, R9 and R10. According to us, the interest of R8 in the subject matter of the appeal is adequately represented in this appeal by R1, R9 and R10. Hence, we exonerate the appellant from the obligation of taking out notice to R8. Service is declared as completed on all the respondents. L. A. A. No.125 of 2009 -2- 2. The Requisitioning Authority is in appeal. The case pertains to acquisition of land in Kuthuparamba village for the purpose of widening of the road that leads to KSIDC's Industrial Growth Centre at Valiavelicham. The relevant section 4(1) notification was published on 31/01/01. The Land Acquisition Officer awarded land value at the rate of Rs.2148/- per cent. Under the impugned judgment, the same was enhanced to Rs.12,000/- per cent. Out attention was drawn by Mr.Joby Cyriac to the judgment of this Court K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726). Under that judgment, we set aside like enhancements granted by the same Reference Court to other claimants whose lands were also acquired for the same purpose. 3. Having gone through the judgment in L. A. A. No.125 of 2009 -3- K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726) and the judgment impugned in this appeal, we are of the view that the impugned judgment is liable to be set aside and the matter remanded to the Reference Court for a fresh decision. Accordingly, we set aside the impugned judgment and decree and remand L.A.R.387/05 to the Sub Court, Thalassery. The appellant is directed to place a copy of the judgment in K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726) before the learned Subordinate Judge. The learned Sub Judge will pass revised judgment giving opportunity to both sides to adduce whatever further evidence they want to keeping in mind the observations of this Court in the judgment in K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726). The revised judgment as directed above shall be L. A. A. No.125 of 2009 -4- passed within five months of receiving a copy of this judgment. Refund full court fee paid on the appeal memo to the counsel for the appellant. 4. This appeal is thus allowed by way of remand. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-