IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 LA.App..No. 729 of 2008() ------------------------- LAR.55/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): REPONDENT: ------------------------ STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, LA, NH KANNUR. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANT: ------------------------ 1. MOOLAKATTU THILAKAN, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 2. KATTASSERY LEELA, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 3. MOOLAKATTU KANJANA, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 4. MOOLAKATTU USHA, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 5. MOOLAKATTU GEETHA, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 6. MOOLAKATTU LATHA, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 7. MOOLAKATTU AJITHA, PAPPINISSERY ASMOM AND DESOM, PAPPINISSERI WEST. 8. THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R7 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 729 of 2008 B ``````````````````````````````````````````````````````` Dated this the 8th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal by the government pertains to acquisition of land in Pappinisseri village for the purpose of Kannur Power Project, pursuant to Section 4(1) notification published on 05-09- 1997. It is brought to our notice that in several cases pertaining to acquisition for the same purpose it is interfered with the reference court and remanded the matter back to the reference court permitting both sides to adduce evidence. The learned Government Pleader requested that in this case also the same course be adopted. The above request is not opposed by anybody. Accordingly, we set aside the judgment and decree under appeal and remand LAR.No.55/2003 back to the Sub Court, Thalassery. That court is directed to take a fresh decision in the case, after affording an opportunity to both sides to adduce whatever evidence they want to. Revised judgment as directed LAA.729/08 : 2 : above will be passed by the learned Sub Judge at the earliest and at any rate, within four months of receiving a copy of this judgment. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks