IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 LA.App..No. 758 of 2009(D) ------------------------------- LAR.73/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ------------------------------------------------------- 1. SANTHAMMA,D/O. NARAYANI, VALIYAVILAKATH VEEDU, VAYAKKALATHU MURI, ATTIPRA. 2. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, KARIAVATTOM P.O., THIRUVANANTHAPURAM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.758 of 2009 ------------------------------------------------ Dated this the 17th day of May, 2010 JUDGMENT Pius C. Kuriakose, J It is brought to our notice that in compliance with our order dated 23/12/09, Advocate Sri.S.William who was appearing for the claimant before the court below has been served with notice in the appeal. Under the above circumstances, we are of the view that service of notice on both the respondents can be declared sufficient since there is appearance for the second respondent through Advocate Sri.P.A.Ahammed. 2. This appeal preferred by the Government pertains to acquisition of land in Attipra village for L. A. A. No.758 of 2009 -2- the purposes of the Technology Park at Kazhakkoottam in Thiruvananthapuram District. The relevant Section 4(1) notification was published on 17/12/03. The Reference Court under the impugned judgment re-fixed the value at much higher rates than the rates fixed by the Land Acquisition Officer. We had occasion to consider a large number of cases pertaining to acquisition of similar lands for the same purpose. LAA No.1332/08 series decided on 08/04/09 are among the cases decided by us. We are of the view that for the various reasons stated in the judgment in LAA No.1332/08, the impugned judgment is liable to be set aside and the LAR remanded to the Reference Court. Accordingly, we set aside the impugned judgment and remand L. A. A. No.758 of 2009 -3- LAR.73/06 to the Second Additional Sub Court, Thiruvananthapuram. That court will permit all parties to adduce whatever further evidence they want to for substantiating their respective contentions. A fresh decision will be taken on the basis of the evidence already adduced and further evidence, if any, to be adduced by the parties. While taking a decision, the court will have due regard to the observations of this Court in LAA No.1332/08 series. A copy of that judgment will be made available to the court below either by the Government or by the Requisitioning Authority. The learned Judge will complete enquiry and pass revised judgment within five months of the parties entering appearance before the court below pursuant to this order of remand. L. A. A. No.758 of 2009 -4- 3. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-