IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 LA.App..No. 493 of 2010(C) ------------------------------- LAR.350/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT: -------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S)/CLAIMANT & R2: -------------------------------------- 1. RANI BIJU, W/O DR.BIJU RAMESH, “SAMTHRIPTHI', KOTTAKKAKOM, FORT, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARKS, KARIYAVATTOM, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R1 SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2010, A/W LAA.852/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.852 of 2009 & 493 of 2010 ------------------------------------------------ Dated this the 13th day of August, 2010 JUDGMENT Pius C. Kuriakose, J These appeals by the Government pertains to acquisition of land in Attipra village for the purpose of Electronic Technopark at Kazhakoottam in Trivandrum district pursuant to Section 4(1) notification published on 17/12/03. We notice our own judgment in L.A.A.1332/08 series. In view of the reasons stated in that judgment, the impugned judgments and decrees are liable to be interfered with. Hence, we set aside the judgment and decree under appeal and remand the LARs to the Second Additional Sub Court, Trivandrum. That court is directed to take a L. A. A. Nos.852 of 2009 & 493 of 2010 -2- fresh decision in the matter keeping in mind the observations contained in common judgment of this Court in LAA.1332/08 series. All parties will be permitted to adduce further evidence. Either the Government or the Requisitioning Authority will place a copy of the common judgment in LAA.1332/08 series before the Reference Court. The learned Subordinate Judge will pass revised judgment on the basis of the entire evidence that came on record. Parties will enter appearance before the Reference Court on 16/09/10. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-