IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 LA.App..No. 1851 of 2008(C) -------------------------------- LAR.7/2002 of SUB COURT,THODUPUZHA .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, IDUKKI. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------- ITTOOP THOMAS, S/O.ITTOOP, OZHATHIL HOUSE, THODUPUZHA. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 SMT.PREETHY KARUNAKARAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1851 of 2008 ------------------------------------------------ Dated this the 9th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Service is complete. It is brought to our notice that this Court by judgment in L.A.A.520/04 interfered with the judgment which was passed by the Reference Court in a connected matter and remanded the LAR in that case to the Reference Court. Following the decision we have taken in L.A.A.520/04, we set aside the judgment and decree under appeal and remand L.A.R.7/02 to the Sub Court, Thodupuzha. The Sub Court is directed to afford opportunity to both sides to adduce whatever evidence they want to and to pass the revised judgment on the basis of the entirety of L. A. A. No.1851 of 2008 -2- evidence which comes on record. The appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/- The judgment dated 09/10/2009 in L.A.A.1851/2008 is recalled vide order dated 10/12/2009 in I.A.4411/2009. Sd/- Registrar (Judicial)