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. 1145 of 2009 (A) --------------------------------- LAR.129/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA REP.BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------- GOPALAKRISHNAN NAIR, TC 21/448, MEDAYIL HOUSE, KARAMANA, THIRUVANANTHAPURAM. SMT.M.HEMALATHA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1145 of 2009 ------------------------------------------------ Dated this the 12th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Having regard to the decision we have taken in L.A.A.2274/08 and for the reasons stated in the judgment in that case, the judgment impugned in this appeal is also to be interfered with. Accordingly, setting aside the judgment and decree under appeal, we remand L.A.R.129/99 to the Second Additional Sub Court, Thiruvananthapuram. That court is directed to take a decision giving opportunity to both sides to adduce whatever further evidence they want to. Revised judgment as directed above shall be passed by the Learned Subordinate Judge, at the earliest, and L. A. A. No.1145 of 2009 -2- at any rate, within four months of receiving a copy of this judgment. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-