IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 1ST OCTOBER 2007 / 9TH ASWINA 1929 LA.App..No. 479 of 2004(D) -------------------------- LAR.1/2002 of DISTRICT COURT, LAKSHADWEEP .................... APPELLANTS: RESPONDENTS ---------------------- 1. U.T.OF LAKSHADWEEP, REP.BY ITS ADMINISTRATOR, KAVARATTI. 2. THE DEPUTY COLLECTOR (HQ), (LAND ACQUISITION COLLECTOR), U.T.OF LAKSHADWEEP, KAVARATTI. BY ADV. SRI.PR.RAMACHANDRA MENON,SC,LAKSHADWEEP RESPONDENTS: CLAIMANTS ---------------------- 1. DR.N.MUTHUKOYA, U.T.OF LAKSHADWEEP, ANDROTT. (DIED) 2. CHEMEYATH NALAKATH ATTAKOYA THANGAL, DO. 3. CHEMEYATH EDAYAKKAL MOHAMMED IQUBAL, DO. 4. CHEMEYATH CHIRIYANALLAL KOYAMMAKOYA, DO. 5. PUTHIYADATH KOYA, DO. 6. PUTHIYADATH MUTHUKOYA, DO. 7. C.EDEYAKKAL OYAMMAKOYA, DO. 8. C.NALAKATH SAROMMABI, DO. ADDL.RESPONDENTS 9 TO 14 ARE IMPLEADED AS LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT VIDE ORDER DT.23.12.2005 IN IA 3491/05. ADDL.R9. K.P.KADEEJA, AGED 56 YEARS, W/O.DR.N. MUTHUKOYA, PUTHIYONNI HOUSE, ANDROTH ISLAND, LAKSHADWEEP. LAA 479/2004 -2- ADDL.R10. K.P.THAHIRA, AGED 34 YEARS, D/O.N.MUTHUKOYA, DO. 11. K.P.SHAHIDA, AGED 32 YEARS, DO. DO. 12. K.P. FARITHA, AGED 30 YEARS, DO. DO. 13. K.P.UBADIULLA, AGED 23 YEARS, DO. DO. 14. K.P.FASEELA (MINOR), AGED 13 YEARS, DO. DO. REPRESENTED BY HER MOTHER, DO. BY ADV. SRI.V.P.MOHAMMED NIYAZ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------------------------------ L.A.A.No.479 of 2004 & Cross-appeal ------------------------------------------------------------------ Dated: October 1, 2007 JUDGMENT Kurian Joseph, J. This appeal is filed against the judgment and decree in LAR No.1/2002. There is also a cross-appeal by the claimants. Of the several grounds taken by the appellant, one serious contention is with regard to the lack of opportunity to produce the documents relied on by the land acquisition officer. As far as the claimants are concerned, they have a grievance that the documents produced by them have not been properly appreciated by the Reference Court. Having regard to the rival contentions taken by them, we are of the view that the matter requires a fresh consideration by the Reference Court. 2. Accordingly, we set aside the judgment and decree in LAR 1/2002 of the District Court, Kavaratti and remit the matter to the Reference Court with opportunity to the parties to adduce fresh evidence. Since the appeal is thus remitted, the parties will be entitled to refund of the court fee. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE mt/- WPC No. Page numbers