IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 LA.App..No. 275 of 2007() ------------------------- LAR.21/2002 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT IN THE LAR ----------------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ MARY, W/O FRANCIS, VETTIKKATTIL HOUSE, THODUPUZHA. ADV. SRI.JOICE GEORGE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.275 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November , 2008 JUDGMENT Heard Sri.Basant Balaji, learned senior Government Pleader for the appellant and Sri.Joice George, counsel for the respondent claimant. It was submitted by Sri.Basant Balaji that it was relying on Ext.A1 judgment that the reference court granted enhancement to the respondent. Having gone through the judgment of the reference court, I find that Ext.A1 ( judgment in L.A.R. No. 14/02) was of immense relevance since that was in respect of acquisition for the same purpose and pursuant to the very same notification. The only question is whether Ext.A1 has attained finality. 2. In fact this court became inclined to admit this appeal by order dated 7/9/2007 noticing the pendency of L.A.A.No. 520/04 against Ext.A1 before this court. It is brought to my notice that this court has remanded the matter back to the reference court by allowing L.A.A.No. 520/04. In view of the order of remand passed by this court in L.A.A.No. 520/04, this appeal also has to be allowed by way of L.A.A.No.275/07 2 remand. I set aside the judgment and decree under appeal and remand the LAR back to the reference court. It is open to both sides to adduce evidence before the reference court and the reference court will pass revised judgment in the light of the entire evidence which comes on record. It is clarified that the reference court will go through the remand order passed by this court in L.A.A.No.520/04 before taking decision. PIUS.C.KURIAKOSE JUDGE sv. L.A.A.No.275/07 2