IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 932 of 2009() ------------------------- LAR.407/2005 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. SMT.P.V.SANTHA, W/O. KUNHIKANNAN, MEETHALE, THAYYIL VEEDU, PALATHUMKARA, KUTHUPARAMBA. 2. GOVERNMENT OF KERALA REP.BY THE DISTRICT COLLECTOR, KANNUR. ADV. SRI.V.V.ASOKAN (CAVEATOR) FOR R1 SRI.P.P.RAMACHANDRAN (CAVEATOR) FOR R1 GOVERNMENT PLEADER BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = L.A.A.No.932 of 2009 = = = = = = = = = = = = = = Dated this the 17 th day of August, 2009 JUDGMENT An extent of 0.0029 Hectars of land comprised in Resurvey No.45/3A of Kuthuparamba village along with other parcels of land was compulsorily acquired by the State as per Award No.3/2003 dated 29.12.2003 for the purpose of widening the road from Koothuparamba to the Industrial Growth Centre, Veliyavelicham. The notification under Section 4(1) of the Land Acquisition Act, was published on 30.10.2001. The Land Acquisition Officer had fixed land value at the rate of Rs.9864/- per cent. On a reference to the Sub Court, Thalassery at the instance of the persons interested that court enhanced the land value to Rs.20,000/- per cent in this case as well as in LAR Nos.406 and 405 of 2005. It is the said award enhancing the land value which is assailed by the requisitioning authority namely Kerala State Industrial Development Corporation. 3. I heard both sides. In as much as with regard to the very same acquisition this Court has in the judgment dated 20.3.2009 L.A.A.No.932 of 2009 2 in LAA No.1652 of 2007 interfered with the enhancement granted by the Reference Court and has remanded the case to the court below for disposal in accordance with the observations contained in the judgment, this case also will have to go back to the reference court in accordance with the directions in the said judgment in L.A.A.No.1652 of 2007. Thus, the impugned judgment and decree dated 11.11.2008 on the files of the Sub Court, Thalassery shall stand set aside and the matter remanded to the reference court in the light of the judgment dated 20.03.2009 in L.A.A.No.1652 of 2009. The parties shall appear before the court below without any further notice on 22.9.2009. The court fee paid on the memorandum of appeal shall be refunded to the appellant. Dated this the 17th day of August, 2009. V. RAMKUMAR, JUDGE sj