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 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 532 of 2009(C) ------------------------- LAR.392/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- THE MANAGING DIRECTOR, KSIDC, REP. BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, TRIVANDRUM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): COMPLAINANT AND R1 --------------------------------- 1. SMT. V.P.ZEENATH, W/O. YOUSAFF, 'SABNAS', NARAVOOR, KUTHUPARAMBA. 2. SPECIAL TAHSILDAR, L.A., THALASSERY. BY SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.532 of 2009 ------------------------------------------------ Dated this the 22nd day of September, 2009 JUDGMENT Pius C. Kuriakose, J Service is complete on the party respondent. But, there is no appearance for her. This appeal is by the Requisitioning Authority and are aggrieved by the re-fixation of the land value from Rs.6498/- per cent to Rs.15,000/- per cent. Our attention is drawn by Sri.Joby Cyriac, the learned counsel for the appellant to the judgment of this Court in K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726). For the various reasons stated in that judgment, the impugned judgment is liable to be interfered with. Accordingly, we set aside the L. A. A. No.532 of 2009 -2- impugned judgment and decree and remand L.A.R.392/05 to the Sub Court, Thalassery. The Sub Court is directed to afford opportunity to all parties to adduce whatever further evidence they want to. Thereafter, the court shall pass the revised judgment on the basis of the entirety of the evidence which comes on record. Refund full court fee paid on the appeal memo to the appellant. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-