IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 LA.App..No. 818 of 2010(D) ------------------------------- LAR.68/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT IN LAR ---------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANT & R2 IN LAR ---------------------------------------------- 1. I.S.GEETHA, VEDANVILAKATH VEEDU, KULATHOOR, ATTIPRA, THIRUVANANTHAPURAM, PIN-695 583. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARK, KARIYAVATTOM, THIRUVANANTHAPURAM, PIN-695 581. ADV. SRI.P.A.AHAMMED FOR R2 SRI.THOUFEEK AHAMED FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2011 A/W LAA.978/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.818 & 978 of 2010 ------------------------------------------------ Dated this the 17th day of January, 2011 JUDGMENT Pius C. Kuriakose, J Both these appeals preferred by the Government pertains to acquisition of land in Attipra village for the purpose of expansion of Electronic Technopark at Kazhakkoottam. The acquisition was pursuant to Section 4 (1) notification published on 17/12/2003. The Reference Court re-fixed the land value at rates much higher than the rates awarded by the Land Acquisition Officer. Our attention is drawn to the common judgment of this Court in LAA.1332/08 series. We are of the view that for the reasons stated in that common judgment the impugned judgments and decrees are liable to be interfered with. Hence, we set aside the impugned judgments and decrees and remand L. A. A. Nos.818 & 978 of 2010 -2- both the LARs to the court below. The court below will take a fresh decision after affording opportunities to all parties to adduce further evidence, if they want to. However, we make it clear that if the issues involved in these cases have already been settled in any Lok Adalath, these remand orders will not operate. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-