IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 LA.App..No. 665 of 2010 --------------------------- LAR.406/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- MANAGING DIRECTOR, KSIDC, REP.BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R1 ------------------------------ 1. SHRI PANISSERI RAMESAN, S/O.ACHUTHAN RINOY VILLA, NUNHAMBAI KUTHUPARAMBA-670643. 2. GOVERNMENT OF KERALA REP. BY THE DISTRICT COLLECTOR, KANNUR - 670001. SR GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.665 of 2010 ------------------------------------------------ Dated this the 18th day of January, 2011 JUDGMENT Pius C. Kuriakose, J No appearance for the claimant even after service of notice. 2. This appeal is by the Requisitioning Authority. Our attention is drawn by Sri.Joby Cyriac, the learned counsel to the judgment of this Court in LAA.937/09. Under that judgment an identical judgment passed by the Reference Court has been interfered with and issue remanded to the Reference Court. For the reasons stated in that judgment, the impugned judgment is also liable to be interfered with. Hence, we set aside the impugned judgment and decree and remand LAR.406/05 to the Subordinate Judge's Court, Thalassery. That court is directed to take a fresh decision in L. A. A. No.665 of 2010 -2- the LAR after affording opportunities to both sides to adduce further evidence, if they are desirous of. Fresh decision will be taken on the basis of the evidence already on record and further evidence which comes to be adduced by the parties. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-