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 16TH FEBRUARY 2009 / 27TH MAGHA 1930 LA.App..No. 548 of 2008() ------------------------- LAR.57/2002 of ADDL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS -------------- 1. CHENGATHAIL AYISUMMA, C.P.HOUSE, K.P.STORE, KOOVERI P.O., VIA.CHAPPARAPADAVU KANNUR, REPRESENTED BY POWER OF ATTORNEY HOLDER SAFIYA.C.T., OF DO. DO. 2. CHENGATHAIL AMINA UMMA, DO, DO. REPRESENTED BY POWER OF ATTORNEY HOLDER, SAFIYA C.T. OF DO. DO. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, 'KINFRA', VELLAYAMBALAM, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SRI.BASANT BALAJI FOR R1 ADV.SRI.G.S.RAGHUNATH FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009 ALONG WITH LAA NO. 849 OF 2008 LAA NO. 1163 OF 2008 LAA NO. 1278 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.NOs.548, 849, 1163 & 1278 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. These appeals by the claimants pertain to acquisition of land for the establishment of Kannur power project pursuant to a notification under Section 4(1). It is brought to our notice that in several appeals preferred by the identically placed claimants as well as by the State, a Division Bench of this court has remanded the land acquisition references to the reference court for fresh decision after giving an opportunity to both sides to adduce further evidence. A copy of the judgment of the Division Bench in L.A.A.No.1539/07 series is placed before us. In the light of the judgment of the Division Bench in L.A.A.No.1539/07 series, we are of the view that there is justification for passing order of remand in these appeals also. Accordingly, we set aside the judgments and decrees under appeal and remand L.A.R.Nos. 57/2002, 58/2002, 63/2002,78/2002 to the Subordinate Judge's Court, Thalassery for taking fresh decision LAA.No.548/08 & connected cases. 2 after giving opportunity to both sides to adduce whatever further evidence they want to. While taking decision, as directed above, the learned Subordinate Judge will have due regard to the observations of this court in the common judgment in L.A.A.No.623/06 series and cross objections. These appeals are disposed of as above. Refund the full court fee paid on the appeal memoranda to the counsel for the appellants. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.548/08 & connected cases. 2