IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 LA.App..No. 515 of 2004() ------------------------- LAR.581/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENTS: CLAIMANTS: ----------------------- 1. BHARGAVI PILLAI (DIED), D/O. KARTHYAYANI PILLAI, CHARACHINATTU VEEDU, NJAKKANAL MURI, KRISHNAPURAM VILLAGE. 2. ADDL.2: RAJEEVAKSHAN PILLAI, RAJADHANI, NJAKKANAL MURI, KRISHNAPURAM VILLAGE. 3. GOPALAKRISHNA PILLAI, KOCHUKALEEKKAL, KUTHRAPATHI, THAZHAVA. 4. INDIRAVATHI PILLAI, ASWATHI, NJAKKANAL MURI, KRISHNAPURAM. 5. AMBIKA SASIDHARAN PILLAI, RUDRANI BHAVANAM, THAZHAVA, KUTHIRAPANTHI. 6. C.B.VIJAYALAKSHMI, ANJALI KOMALLOOR, KARIMULAKKAL, CHUNAKKARA. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2585/2004 IN L.A.A. NO.515/2004 DISMISSED SD/ PIUS C.KURIAKOSE, JUDGE 11.7.2008 /TRUE COPY/ P.A. TO JUGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A. NO. 515 of 2004 ---------------------------------- Dated this the 11th day of July , 2008 JUDGMENT Service is completed. There is no appearance for the claimants. I have heard the submissions of Smt.Latha Thankappan the learned Government Pleader. This appeal filed by the Government is directed against the award of the Land Acquisition Reference Court, Mavelikkara in L.A.R. No.581/1993. The Acquisition was for the purpose of doubling of the railway line from Kayamkulam to Kollam. The relevant notification under Section 4 (1) was 28.10.1990. `The Land Acquisition Officer awarded the land value at Rs.7,798/- per Are. The Land Acquisition Officer refixed the land value at Rs.24,624/- and thereby has given enhancement of Rs.16,826/- per Are. 2. On going through the judgment of the reference court, I find that it is relying on Ext.A1 judgment in L.A.A.585/1993 of the same court that enhanced land value was granted by the reference court. It is brought to my notice that against Ext.A1 judgment, the Government had preferred L.A.A. 518/2000 and that Division Bench of this court allowed that appeal by way of remand. L.A.R. L.A.A. No.515/2004 2 No.585/1993 is now being reconsidered by the reference court. In view of that order of remand passed in L.A.A.518/2000, it is appropriate that impugned award in this case also be set aside. Accordingly, appeal is allowed and judgment and decree under appeal are set aside and L.A.R. 585/1993 is remanded to the Subordinate Judges Court, Mavelikara for taking fresh decision. The learned subordinate judge will permit both sides to adduce further evidence and will take a fresh decision on the basis of evidence already on record and further evidence to be adduced. Due regard will also be had to the revised judgment to be passed by the sub court. PIUS C. KURIAKOSE JUDGE dpk