IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 LA.App..No. 1653 of 2007() -------------------------- LAR.212/2005 of ADL.SUB COURT, 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): CLAIMANTS AND R1: -------------------------------- 1. SMT.BABY ROJA, D/O.K.GOPALAN VYDIAR, SREENILAYAM, PANUADA, KUTHUPARAMBA. 2. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R2 SRI.V.RAJAGOPAL FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1653 OF 2007 ------------------------ Dated this the 14thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. Having regard to the rival submissions addressed before us by Sri.Joby Cyriac, learned counsel for the appellant and those of Sri.V.Rajagopal, learned counsel for the claimant respondent, we are of the view that in view of the decision of this court in KSIDC v. Vayalambron Krishnan (2008 (4) KLT 726), the judgment and decree under appeal have to be set aside and the LAR case has to be remanded to the reference court for taking decision. 2. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R. No.. 212/2005 to the Subordinate Judge's Court, Thalassery. That court is directed to afford opportunity to all the parties to adduce further evidence if they want to. The reference court will pass revised judgment on the basis of the entire evidence which comes on record, keeping in RCR.No.192/2009 2 mind the observation of this court in KSIDC v. Vayalambron Krishnan 2008 (4) KLT 726 ) Refund the full court fee paid on the appeal to the appellant. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk