IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 LA.App..No. 1746 of 2007() -------------------------- LAR.94/2005 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: CLAIMANTS: --------------------- 1. MARY, W/O.LATE KORATH, PANJIKKARAN HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE, ALUVA TALUK. 2. VARGHESE, S/O.MARY, PANJIKKARAN HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE, ALUVA TALUK. 3. JOSE, S/O.MARY, PANJIKKARAN HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE, ALUVA TALUK. 4. LILLY, D/O.MARY, PANJIKKARAN HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE, ALUVA TALUK. 5. ANNIE, D/O.MARY, PANJIKKARAN HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE, ALUVA TALUK. BY ADV. SRI.K.P.JOHNSON SRI.JOHNY KURIAKOSE RESPONDENTS: RESPONDENT: ------------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ L.A.A. No.1746 of 2007 ------------------------------------------- Dated this the 20th day of August 2008 JUDGMENT Kurian Joseph,J This is an appeal filed against the judgment and decree in L.A.R. 94/2005 on the file of the Sub court, North Paravur. It is seen from the judgment that the reference court has not granted any enhancement on the ground that the appellants/claimants had not adduced any evidence. The prayer is for an opportunity to the appellants/claimants to adduce evidence. Having regard to the facts as stated in this appeal, we feel that in the interest of justice such an opportunity is to be given to the appellants/claimants to adduce evidence before the reference court with the condition that if any enhancement being granted they shall not be entitled for interest at the rate of 15% for the interregnum period. Ordered accordingly. The reference is remitted to the said court for fresh consideration after giving an opportunity to the appellants/claimants to adduce evidence. The parties shall appear before the reference court on 6.10.2008. Evidence if any shall be adduced within one month and the reference shall be answered within 4 months from the date of this judgment. C.M.Application No. 2135/2007 is allowed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es