IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 LA.App..No. 520 of 2011(D) ------------------------------- LAR.100/2002 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS: -------------------------------- 1. MANIKANTAN NAIR, KUNNATHU VEEDU, KALADI, MANACAUD P.O., THIRUVANANTHAPURAM. 2. C.VASANTHA KUMARY, RESIDING AT DO. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.520 of 2011 ------------------------------------------------ Dated this the 24th day of October, 2011 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the appellants whose lands in Manacaud village of Thiruvananthapuram Taluk were acquired for the purpose of expansion of the Government Homeopathy College at Thiruvananthapuram. Under the impugned judgment the learned Subordinate Judge re-fixed the value of the land from ` 14,326/- per Are to ` 18,000/- per Are. To do so the learned Subordinate Judge upgraded the category in which the Land Acquisition Officer had included the property. Placing strong reliance on various judgments of this Court including the judgment in L.A.A Nos.2365/08, 1651/08, 1395/08, 1509/08 etc. the appellants pray that the appeal be allowed and the market value be re- fixed accordingly. This request is opposed very stiffly by Sri.C.R.Shyamkumar, the learned senior Government L. A. A. No.520 of 2011 -2- Pleader. According to him, the learned Subordinate Judge had upgraded the category and such upgradation made by the learned Subordinate Judge was not correct. He also submitted that the comparability of the properties covered by judgments of this Court with the properties involved in this case is a matter to be proved by the appellants by adducing proper evidence. Prejudice will be occasioned to the Government if this Court allows the appeal finally relying on the judgments in the other cases. 2. We find force in the submissions of the learned Government Pleaders. We are not inclined to decide the issue of correct market value to be paid to the appellants ourselves. We set aside the judgment and decree under appeal and remand LAR.100/02 to the Reference Court. The appellants are permitted to adduce further evidence in support of their claims. It is open to the appellants to prove the comparability of their properties with the properties covered by the judgments of this Court if those judgments have attained finality. To whatever evidence adduced by the L. A. A. No.520 of 2011 -3- appellants, the Government will have the liberty to adduce counter evidence. The learned Subordinate Judge will pass revised award on the basis of the evidence already on record and the evidence which comes to be on record further. The Registry will refund the court fee presently remitted on the appeal memorandum. However, while decree is drafted by the Reference Court on the basis of the award to be passed by that court that court will have due regard to the conditions imposed by this Court in its order dated 29/09/11 in C.M. Application No.1164/11. Transmit a copy of that order also to the Reference Court. 3. This appeal is thus allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.520 of 2011 -4-