IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 LA.App..No. 892 of 2008() ------------------------- LAR.16/2003 of SUB COURT, PAYYANNUR .................... APPELLANT: 1ST RESPONDENT IN LAR -------------------------------- STATE OF KERALA REP. BY SPECIAL TAHSILDAR (L.A.), THALASSERY. BY GOVERNMENT PLEADER SRI.BASANTH BALAJI RESPONDENTS: CLAIMANTS & 2ND RESPONDENT IN LAR ---------------------------------------------- 1. T.V.JANAKI, W/O.RAMAN, THEKKUMBAD KOVVAPPURAM, KANNUR (DIED) 2. PADINHAPRATH RAMAN, H/O.T.V.JANAKI KOVVAPPURAM, THEKKUMBAD, KUNHIMANGALAM AMSOM 3. T.V.GOPALAN, S/O.PADINHAPRATH RAMAN KOVVAPPURAM, THEKKUMBAD, KUNHIMANGALAM AMSOM 4. T.V.KRISHNAN, S/O.PADINHAPRATH RAMAN KOVVAPPURAM, THEKKUMBAD, KUNHIMANGALAM AMSOM 5. T.V.SANTHA, D/O.PADINHAPRATH RAMAN KOVVAPPURAM, THEKKUMBAD, KUNHIMANGALAM AMSOM 6. T.V.CHANDRASEKHARAN S/O.PADINHAPRATH RAMAN KOVVAPPURAM, THEKKUMBAD, KUNHIMANGALAM AMSOM 7. T.V.LATHA, D/O.PADINHAPRATH RAMAN KOVVAPPURAM, THEKKUMBAD, KUNHIMANGALAM AMSOM 8. THE SENIOR REGIONAL MANAGER FCI, TRIVANDRUM. BY ADV. SMT.S.KARTHIKA FOR R8 SRI.M.SASINDRAN FOR R2-7 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.1967/2008 IN L.A.A. 892/2008 DISMISSED 29.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 892 of 2008 ---------------------------------- Dated this the 29th day of July , 2008 JUDGMENT This appeal filed by the Government is directed against the award of the Land Acquisition Reference Court in L.A.R. No.16/2003. The L.A.R. Pertains to the acquisition of 1.7043 cents of land in Payyannur Amsom and Desom for the construction of railway siding to FCI, Payyannur, pursuant to the notification under Section 4(1) dated 21.11.1998. As against the award of the Land Acquisition officer fixing the land value for Rs.10,482/-, The reference court relying mainly on Ext.A3 judgment of the same court in L.A.R. No.5/2003 enhanced the land value by Rs.7,000/- per cent. 2. Heard both sides. It is now brought to my notice that in appeal L.A.A.160/2008 preferred by the Government against the judgment and decree in L.A.R. No.5/2003 (Ext.A3), this court set aside the judgment and decree under that appeal and remanded that case back to the reference court giving L.A.A. No.892/2008 2 opportunity to both sides to adduce further evidence and directed the reference court to pass fresh judgment. In the light of the decision taken on L.A.A. No.160/2008 it has become necessary that the impugned judgment is also set aside. Accordingly, allowing this appeal I set aside the impugned judgment and decree and remand L.A.R No.16/2003 back to the Sub Court, Payyannur. The reference court will consolidate this case with L.A.R. No.5/2003 and any other connected cases and take fresh decision giving opportunity to both sides to adduce further evidence. PIUS C. KURIAKOSE JUDGE dpk