IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 LA.App..No. 1268 of 2009(B) -------------------------------- LAR.245/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANATHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANTS --------------------------------- SATHYABHAMA, THEEPATTIVILA VEEDU, ARASUMOOD, KULATHOOR.P.O., THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1268 of 2009 ------------------------------------------------ Dated this the 5th day of August, 2010 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Attipra village for the purpose of construction of establishment of electronic technopark at Kazhakuttom pursuant to Section 4(1) notification published on 17/12/03. We had occasion to decide a large number of cases pertaining to same acquisition by common judgment in LAA.1332/08 series dated 8th April, 2009. We interfered with the judgment of the Reference Court and remanded the LAR to the Reference Court. According to us, for the reasons stated in that common judgment, the impugned L. A. A. No.1268 of 2009 -2- judgment is also liable to be interfered with and hence, we set aside the impugned judgment and decree and remand the LAR to the Subordinate Judge's Court, Thiruvananthapuram. The Government or the Requisitioning Authority will place before the learned Subordinate Judge a copy of the common judgment in LAA.1332/08 series. The learned Subordinate Judge will pass the revised judgment keeping in mind all the aspects contained in our judgment in LAA.1332/08 series after affording opportunity to both parties to adduce whatever further evidence they want to in support of their claim. The revised judgment will be passed by the learned Subordinate Judge within four months of parties appearing pursuant L. A. A. No.1268 of 2009 -3- to this order of remand. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-