IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 LA.App..No. 2426 of 2008() --------------------------------------- LAR.102/1991 of SUB COURT,KOTTARAKKARA .................... APPELLANT(S): ----------------------- PURUSHOTHAMAN SOMARAJAN, MULAVOORAZHIKATHU, KUDIKKODU, KAREEPRA. BY ADV. SRI.AJAYA KUMAR. G SRI.V.K.SANTHOSH KUMAR RESPONDENT(S): ----------------------- STATE OF KERALA. SR. GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== L.A.A. No.2426 OF 2008 ===================== Dated this the 5th day of January 2009 JUDGMENT This appeal is preferred against the judgment in L.A.R.No.102 of 1991 of the Sub Court, Kottarakkara. A perusal of the award would reveal that a reference was made with respect to acquisition of 01.00 Ares of land and as no evidence was adduced and as the claimant remained absent, the Land Acquisition Court confirmed the award of the acquisitioning authority and it is against that decision the present appeal is filed. 2. After hearing both sides, I am inclined to grant an opportunity for the parties to adduce evidence. Therefore, the judgment under challenge is set aside and the matter is remitted back to the Land Acquisition Court for fresh disposal after affording equal opportunity to both dies to produce both documentary and oral evidence in support of their respective contentions. I make it clear that being a matter of 1991, the appellant cannot afford to be lethargic again and unless he enters appearance on the date fixed and when the court fixes the date he gets ready on that date. Parties LAA 2426/2008 -:2:- are directed to appear before the court below on 12.2.2009. LAA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-