IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 LA.App..No. 1534 of 2008() -------------------------- LAR.47/2003 OF PRL.SUB COURT, KOZHIKODE ......................... APPELLANT/A CLAIMANT IN LAR : --------------------------------------------------- MADATHIL ALIKOYA, TEACHER, PADINJATTUMURI AMSOM, MORIKKARA DESOM, KAKKODI VILLAGE, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS/B CLAIMANT AND RESPONDENT IN LAR: --------------------------------------------------------------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SPECIAL TAHASILDAR (LA) KOZHIKODE. BY SRI. ANZAR, GOVERNMENT PLEADER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ---------------------------------------------------- L.A.A No.1534 of 2008 ----------------------------------- Dated this the 19th day of December, 2008 JUDGMENT KURIAN JOSEPH,J. This appeal is filed by the claimant in L.A.R.No.47 of 2003 on the file of Sub Court, Kozhikode. It is a reference under Section 30 of the L.A Act. The reference court apparently without going to the claim made by the petitioner with regard to the entitlement on the basis of title closed the reference holding that the claimant is entitled to get the amount awarded. After having heard learned Government Pleader , we are of the view that an opportunity should be given to the appellant/claimant before the reference court to set up his title of the acquired property. Hence, we set aside the judgment and decree in L.A.R. No.47 of 2003 on the file of Sub Court, Kozhikode and remit the reference to the said Court. Parties are at liberty to adduce fresh evidence. Reference shall be answered within a period of three months from the date of production of copy of this judgment. KURIAN JOSEPH, JUDGE K.T. SANKARAN, JUDGE scm