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 17TH MARCH 2011 / 26TH PHALGUNA 1932 LA.App..No. 582 of 2010() ----------------------------------- LAR.4/2004 OF SUB COURT, ATTINGAL .................... APPELLANT/2ND RESPONDENT ---------------------------------------------- SECRETARY, PAZHAYAKUNNUMEL GRAMA PANCHAYAT, KILIMANOOR. BY ADV. SRI. K.SIJU, SRI.S.SUDHEESHKAR, SRI.PRATHEESH.P, SRI.A.MUHAMMED RAFFI. RESPONDENTS/CLAIMANT & STATE ----------------------------------------------------- 1. THE KERALA STATE, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. NARAYANAN KANNAPPAN, KANNAN VILA VEEDU, MARKET ROAD, KILIMANOOR, PAZHAYAKUNNUMMEL ROAD, (DIED). 3. V. VASANTHA, W/O.KANNAPPAN, KANNAN VILA VEEDU, MARKET ROAD, KILIMANOOR, PAZHAYAKUNNUMMEL ROAD. 4. V.K. DAMU, S/O.KANNAPPAN, KANNAN VILA VEEDU, MARKET ROAD, KILIMANOOR, PAZHAYAKUNNUMMEL ROAD. 5. KARTHIKA SUNIL, D/O.KANNAPPAN, KANNAN VILA VEEDU, MARKET ROAD, KILIMANOOR, PAZHAYAKUNNUMMEL ROAD. 6. ASWATHY RAJKUMAR, D/O.KANNAPPAN, KANNAN VILA VEEDU, MARKET ROAD, KILIMANOOR, PAZHAYAKUNNUMMEL ROAD. R1 BY GOVT. PLEADER SMT.T.T. JOSEPHINA. R3 TO R6 BY ADV. SRI.M.R.RAJESH, SMT.A.K.PREETHA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2011, ALONG WITH LAA NO. 583 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs LA.App..No. 582 of 2010 ORDER ON I.A. NO.2018/2010 IN L.A.A. NO.582/2010 DISMISSED 17/03/2011. SD/- PIUS C.KURIAKOSE, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NOs. 582, 583, 584, 585, 586 & 590 OF 2010 = = = = = = = = = = = = = = = = Dated this the 17th day of March, 2011. J U D G M E N T Pius C. Kuriakose, J. All these appeals are preferred by the requisitioning authority, Pazhayakunnumel Grama Panchayath. They are aggrieved by the compensation redetermined by the Reference Court. The cases pertain to acquisition of land for the purpose of establishment of a private bus stand for the Panchayath at Kilimanoor. These are all cases where though the Panchayath/ requisitioning authority was a party before the Reference Court, they did not adduce any counter evidence and this resulted in the Court below accepting the evidence adduced by the claimants. L.A.A. NOs. 582, 583, 584, 585, 586 & 590 OF 2010 -:2:- 2. Sri.Siju Kamalasanan, learned counsel for the requisitioning authority would submit that the requisitioning authority was prevented by unavoidable reasons from adducing evidence in support of their contention that the value fixed by the Land Acquisition Officer is the correct value. Mr.Siju Kamalasanan drew our attention to our own judgment in LAA 587/10 whereby we remanded the matter to the Reference Court. According to Mr.Siju Kamalasanan the very same fact situation arises in the present case. 3. Learned counsel for the claimant/respondents especially R.S.Kalikura would submit that this is a case where remand has been sought for by the requisitioning authority simply for the purpose of filling up the lacunae in their evidence. This cannot be permitted. L.A.A. NOs. 582, 583, 584, 585, 586 & 590 OF 2010 -:3:- 4. We have anxiously considered the rival submissions addressed at the bar. We have gone through the judgment in LAA 588/10 which was placed before us by Mr.Siju Kamalasanan himself. We feel that the fact situation in all these appeals is similar to the one which obtained in L.A.A.588/10. For the various reasons stated in that judgment we set aside the judgment and decree under challenge and remand LAR Nos.4/04, 9/04, 5/04, 8/04, 3/04 and 6/04 to the Subordinate Judges Court, Attingal. The learned Subordinate Judge will permit all the parties to adduce further evidence in support of their respective contentions. The Court below will pass revised judgment on the basis of the evidence already on record and the evidence if any which comes to be on record pursuant to this order of remand. However, we make it clear that L.A.A. NOs. 582, 583, 584, 585, 586 & 590 OF 2010 -:4:- this judgment remanding the cases to the Reference Court will become operative only if the following conditions are complied with by the appellant; i) The appellants facilitate deposit of at least 50% of the decree due to the claimants under the impugned decrees within three months from today. Upon such deposit, the respondents/claimants should be permitted to withdraw the amount subject to the final outcome of the LAR cases. ii) The appellants will pay a sum of Rs.5,000/- to the Kerala High Court Legal Services Committee, in each case, within three weeks from today. 5. The Registry will refund only 75% of the Court fee remitted on the appeal memoranda to the counsel for the appellants. The parties L.A.A. NOs. 582, 583, 584, 585, 586 & 590 OF 2010 -:5:- will enter appearance before the Reference Court on 25.5.2011. 6. The Reference Court will expedite the matter and make every endeavour to pass revised judgments within four months thereafter. Needless to mention that the failure on the part of the appellants to comply with any of the above conditions will result in the appeals being dismissed and judgments and decree of the Court below being confirmed. Sd/- PIUS C. KURIAKOSE,JUDGE. Sd/-N.K. BALAKRISHNAN,JUDGE. ul/- [ True copy ] P.A. to Judge.