IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 LA.App..No. 423 of 2010() ------------------------- LAR.246/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ----------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 IN LAR ------------------- 1. SMT.BEENA, D/O.GANGADHARAN, GANGA SADANAM, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARKS, KARIAVATTOM, THIRUVANANTHAPURAM. ADV. SRI.L.MOHANAN FOR R1 SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010 ALONG WITH LAA.NO.503 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------- L.A.A. Nos.423, 501 and 503 of 2010 ------------------------------------------------------------- Dated this the 10th day of August, 2010 JUDGMENT ---------------- Pius C.Kuriakose,J. Having considered the submissions of the learned Senior counsel Smt.Latha T.Thankappan and those of Sri.L. Mohanan, learned counsel for the respondents, we are of the view that the issue raised herein is covered by our own common judgment in LAA.No.1332/2008 series. For the various reasons stated in the common judgment we are setting aside the judgment and decree impugned in these appeals and remand LAR.Nos.246/2005, 430/2007 and 113/2006 to the Subordinate Court, Thiruvananthapuram. That court is directed to afford opportunities to both sides to adduce evidence if the parties are so desirous. That court will pass revised judgment on the basis of the entire evidence that comes on record. That court will also have due L.A.A.423,501 and 503 of 2010 2 regard to the observations made by this court in the common judgment in LAA.No.1332/2008 while disposing of the appeals. Either the requisitioning authority or the Government will place a copy of the judgment referred above before that court. Parties are directed to appear before the reference court on 14.9.2010. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb