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 8TH AUGUST 2011 / 17TH SRAVANA 1933 LA.App..No. 1270 of 2010() -------------------------- LAR.120/2002 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- THE SECRETARY, MAVOOR GRAMA PANCHAYATH, MAVOOR, KOZHIKODE. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.1 ----------------------------------------- 1. MEHABOOB, S/O.MUHAMMED ALI, THEVARKANDY, MAVOOR.PIN 673661 2. SPECIAL TAHSILDAR, LA, KOZHIKODE.673020 GOVERNMENT PLEADER JOSEPHINA FOR R2 SRI.ANIL SIVARAMAN FOR R1 SMT.RAJI VINCENT FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1270 OF 2010 ------------------------ Dated this the 8th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. As requested by Sri.K.M.Firoz learned counsel for the appellant, we have posted the matter as to be spoken to. We have heard him. In view of his submissions, we suo motu recall our judgment dated 29/7/2011 and permit the appellant Panchayat to withdraw from the appeal. 2. The appeal is dismissed as withdrawn. Refund one half of the court fee paid on the appeal memorandum to the counsel for the appellant. We make it clear that it will be open to the Panchayat to apply to the Reference Court for getting the impugned order, which is an ex parte one, set aside in accordance with law. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk