IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 LA.App..No. 451 of 2010(C) ------------------------------- LAR.48/2004 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT 1 IN LAR: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS 1-4 & 2ND RESPONDENT IN LAR: ---------------------------------------------------------------------- 1. PRABHAKUMARY, D/O.KESAVAN, BINU NIVAS, TC-5/885, PEROORKADA, PEROORKADA VILLAGE. 2. BINU, 34 YEARS, S/O.PUSHPANGADAN, BINU NIVAS,TC-5/885,PEROORKADA, PEROORKADA VILLAGE REPRESENTED BY POWER OF ATTORNEY HOLDER, PRABHAKUMARY -1ST CLAIMANT. 3. BIJU, 32 YEARS, S/O.PUSHPANGADAN, BINU NIVAS, T.C.-5/885, PEROORKADA, PEROORKADA VILLAGE, REPRESENTED BY POWER OF ATTORNEY HOLDER, PRABHAKUMARY 1ST CLAIMANT. 4. SEEMA, AGED 21, D/O.PRABHAKUMARY, BINU NIVAS, TC-5/885, PEROORKADA, PEROORKADA VILLAGE. 5. THE SECRETARY, VARKALA MUNICIPALITY, VARKALA. ADV. SRI.R.GOPAN FOR R1 & 4 SRI.K.RAJESH KANNAN FOR R1 & 4 SRI.J.S.AJITHKUMAR FOR R5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, A/W LAA.706/10 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.451, 453, 474, 527 & 706 of 2010 ------------------------------------------------ Dated this the 20th day of August, 2010 JUDGMENT Pius C. Kuriakose, J All these appeals preferred by the Government pertains to acquisition of land at the instance of the Varkala Municipality. We notice the judgment of this Court in L.A.A.505/09. According to us, for the various reasons stated in that judgment, the judgments which are impugned in these appeals are liable to be interfered with. For the reasons stated in that judgment, we set aside the judgments and decrees under appeal in these cases and remand LAR Nos.48/04, 26/04, 49/04, 51/04 & 22/04 to the Subordinate Judge's Court, Attingal. That Court will permit all parties to adduce whatever further evidence they want to and pass revised judgment re-fixing the land value on the basis of the totality of the evidence which L. A. A. No.451 of 2010 & con. cases -2- comes on record. We clarify that this judgment will become operative only if the Requisitioning Authority facilitates deposit of 30% of the decree debt of the amount decreed under the impugned judgments within four months from today. The parties will enter appearance before the Reference Court on 28th September, 2010. The learned Subordinate Judge will pass the revised judgment at his earliest. All these appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-