IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 LA.App..No. 1407 of 2003() -------------------------- LAR.49/1996 of SUB COURT, PATHANAMTHITTA .................... APPELLANT: CLAIMANT. ----------------------- RAMAKRISHNA PILLAI, VAYALIRAKKATHU VEEDU VETTIPRAM MURI, PATHANAMTHITTA, VILLAGE. ADDL. APPELLANTS: 2. P.RAJAMMA, AGED 76 YEARS, WIDOW OF RAMAKRISHNA PILLAI, VAYALIRAKATHU VEEDU, VETTIPPAM MURI, PATHANAMTHITTA VILLAGE. 3. V.R.RADHAKRISHNAN, AGED 51 YEARS S/O RAMAKRISHNA PILLAI VAYALIRAKKATHU VEEDU, VETTIPRAM MURI, PATHANAMTHITTA VILLAGE. 4. V.R. RAJAM, AGED 48 YEARS S/O RAMAKRISHNA PILLAI, VAYALIRAKKATHU VEEDU, VETTIPRAM MURI, PATHANAMTHITTA VILLAGE. 5. V.R.MOHAN, AGED 45 YEARS S/O RAMAKRISHNA PILLAI, VAYALIRAKKATHU VEEDU, VETTIPRAM MURI, PATHANAMTHITTA VILLAGE. 6. V.R.SUDHA, AGED 43 YEARS D/O RAMAKRISHNA PILLAI, VAYALIRAKKATHU VEEDU,. VETTIPRAM MURI, PATHANAMTHITTA VILLAGE. 7. V.R.SUJA, AGED 35 YEARS D/O RAMAKRISHNA PILLAI, VAYALIRAKKATHU VEEDU, VETTIPRAM MURI, PATHANAMTHITTA VILLAGE. ADDL. APPELLANTS 2 TO 7 ARE IMPLEADED AS PER ORDER DT. 19-7-04 ON IA. NO. 2270/04. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SUDHEESH.A. RESPONDENT(S): RESPONDENTS. --------------------------- 1. THE GOVERNMENT OF KERALA REP. BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. PATHANAMTHITTA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN FOR R1 SRI. V.K.SUNIL, SC,PATHANAMTHITTA MUNCIPALITY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1407 OF 2003 ------------------------ Dated this the 30th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. Heard both sides. A copy of the judgment in L.A.A. No.1302/2003, which was filed by the claimant against the judgment in LAR No. 47/1996 decided under the impugned common judgment, is placed before us. It is seen that under that judgment, we set aside the judgment and decree in LAR No.47/1996 and remanded that LAR to the reference court for fresh decision. 2. In view of our judgment in LAA No.1302/2003, we are of the view that it is only appropriate that we set aside the impugned judgment in this case and remand this LAR also, so that two cases which were decided earlier by the learned Sub Judge can be decided afresh by himself. Accordingly we set aside the judgment and decree under appeal and remand LAR No.49/1996 to the Sub Court, Pathanamthitta. 3. Transmit copy of the judgment in LAA No.1302/2003 also to the Sub Court, Pathanamthitta. The learned Sub Judge will L.A.A..No.1407/2003 2 take fresh decision in this LAR in the light of the direction in LAA No.1302/2003. It is needless to mention that both LARs should be consolidated and common decision should be taken. Refund the court fee paid on the appeal memorandum to Sri.K.K.Chandran Pillai, the learned counsel for the appellant. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk