IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 LA.App..No. 817 of 2010(D) ------------------------------- LAR.3/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S): APPELLANT/RESPONDENT IN LAR ------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KASARAGOD. 2. THE SPECIAL TAHSILDAR, (LA), N.H.KANNUR. BY GOVERNMENT PLEADER (sr.) SMT.LATHA T. THANKAPPAN RESPONDENT(S): RESPONDENT/CLAIMANTS IN LAR. ----------------------------------------------------------- 1. KOTTILA VEETTIL NARAYAYAN 2. KOTTILA VEETTIL JANAKI, CLAIMANTS ARE THE CHIDREN OF LATE KANHAMGADAM AMBU, C/O.SASTHA ENTERPRISES, PADNAKKAD P.O., KANHANGAD VILLAGE, HOSDURG TALU-670 315. ADV. SMT.P.K.PRIYA FOR R1,2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.817 of 2010 ------------------------------------------------ Dated this the 27th day of January, 2011 JUDGMENT Pius C. Kuriakose, J Smt.Latha T. Thankappan, the learned Senior Government Pleader draws our attention to the judgment of this Court in LAA.337/07 and submits that under that judgment this Court has re-fixed value of identical lands acquired for the same purpose at Rs.10,000/- per cent. According to her, this appeal is to be allowed re-fixing the value of land at Rs.10,000/- per cent as against the value of Rs.15,000/- per cent awarded under the impugned judgment. 2. Smt.P.K.Priya, the learned counsel for the respondents submits that though it is true that the same rate was awarded by the Land Acquisition Officer for the property under acquisition in this case and the property covered by LAA.337/07, as far as this case is concerned before the Reference Court, there are other documents justifying award of land value at the rate of L. A. A. No.817 of 2010 -2- Rs.15,000/- per cent. 3. Having considered the rival submissions addressed at the Bar, we do find merit in the submission of the learned Government Pleader based on judgment of this Court in LAA.337/07. Yet, we are not inclined to decide the issue finally. We set aside the impugned judgment and decree and remand LAR.3/03 to the Subordinate Judge's Court, Hosdrug, It is open to the Government to place reliance on the judgment in LAA.337/07 before the Reference Court. The Reference Court is directed to take a fresh decision taking into account the implication of the judgment in LAA.337/07. Parties will enter appearance before the court below on 18/02/11. We clarify that during the period from 14th January, 2010 till the date of the revised judgment the land value to be awarded above Rs.10,000/- per cent will not carry interest under Section 28. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.817 of 2010 -3-