IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 LA.App..No. 204 of 2003(A) ------------------------------- LAR.227/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ------------------------------- T.RAJAN, PILATHOTTATHIL HOUSE, CHEVAYUR VILLAGE, KOZHIKODE TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.204 of 2003 ------------------------------------------------ Dated this the 28th day of October, 2009 JUDGMENT Pius C. Kuriakose, J It is brought to our notice that L.A.A.542/04 and L.A.A.966/01 respectively filed against the judgments in L.A.R.226/98 and L.A.R.228/98 covered by the impugned common judgment were allowed by this Court by way of remand. Under the above circumstances, we are of the view that the impugned judgment should be set aside and the issue relegated back to the Reference Court. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R.227/98 to the Sub Court, Kozhikode. That court is directed to take a fresh decision after affording L. A. A. No.204 of 2003 -2- opportunity to both sides to adduce whatever evidence they want to in support of their rival contentions. Revised judgment as directed above will be passed by the Reference Court, at the earliest, and at any rate, within three months of receiving a copy of this judgment. More than one opportunity need not be given to the claimant for adduction of further evidence. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-