IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 LA.App..No. 1652 of 2008() -------------------------- LAR.100/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANTS: -------------- 1. THOTTATHIL CHANDRAN, S/O.(LATE) AMBU AGED 46, THOTTATHIL HOUSE, KALLIASSERY VILLAGE, IRINAVU. P.O. 2. T.SANTHOSH KUMAR, S/O. NARAYANAN, SANTHI, NEAR PUZHATHI HOUSING COLONY, KANNUR. 3. P.PRAKASH, S/O. VASUDEVAN, THUNOLI HOUSE, NEAR SUNDERASWARA TEMPLE, TALAP, KANNUR. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, 'KINFRA' THIRUVANANTHAPAURAM. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1652 OF 2008 ------------------------ Dated this the 27th day of May, 2009 JUDGMENT Pius C.Kuriakose, J. Heard Smt.K.A.Sanjeetha, learned counsel for the appellants and Sri.Basant Balaji, learned senior counsel for the respondents. 2. The appeal pertains to acquisition of land in Pappinissery village for the purpose of Kannur Power Project. The land acquisition officer awarded land value at the rate of Rs.707/- per cent, which was enhanced by the reference court to Rs.1,000/- per cent. The evidence before the Reference court consisted of oral evidence of witness AWs-1 to 4 and documents A1 to A10, T1 to T2(g) and Ext.X1 commissioner's report. In the common judgment of this court in L.A.A. No.1089/2007 series, a Division Bench of this court considering the appeals preferred by the State and the claimants, interfered with the judgment of the reference court in identical cases and remanded the reference cases to the reference court giving an opportunity to the claimants to adduce further evidence. We are of the view that in view of the common L.A.A..No.1652/2008 2 judgment in L.A.A. No.1089/2007 series, there is justification for accepting the request of the learned counsel for the appellants that impugned judgment be set aside and the LAR remanded to the reference court. Accordingly, setting aside the impugned judgment and decree, we remand the L.A.R. No.100/2002 to the Subordinate Judge's Court, Thalassery. That court will grant an opportunity to the appellants to adduce further evidence. If the Government or the requisitioning authority so desires, opportunity will be given to them also for adducing evidence. The enquiry will be completed and revised judgment will be passed by the reference court at the earliest and at any rate within four months of receiving a copy of this judgment. Court fee payable on this appeal memorandum will be collected by the District Collector once the reference is answered and enhanced compensation, if any, is deposited. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk