IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 LA.App..No. 1442 of 2008() -------------------------- LAR.290/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE GENERAL MANAGER, K.S.I.D.C. THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT: ------------------------------------------- 1. KALLEN JANU, CHEVITTUKULAM HOUSE, MOORIYAD. 2. GOVERNMENT OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR. ADV. SRI.C.P.PEETHAMBARAN FOR R1 GOVERNMENT PLEADER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008 ALONG WITH LAA.NO.1457/08 & 1574/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.NOs. 1442, 1457 & 1574 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December , 2008 JUDGMENT These appeals filed by the requisitioning authority pertain to acquisition of land in Kuthuparamba village situated within the limits of Kuthuparamba Muncipal town. The relevant notification under Section 4(1) was published on 30-01-2001. The acquisition was for the purpose of widening Kuthuparamba-Valiyavelicham road to appellant's Industrial Growth Centre at Valiyavelicham. The land acquisition officer awarded land value on the basis of basis document No. 2713/2000 of Kuthuparamba Sub Registry. I have by a detailed judgment in L.A.A. Nos. 1452/08, 1453/08 and 1455/08 interfered with the award of the reference court in other cases relating to this acquisition. I have remanded the matter back to the reference court on the reasons stated in that judgment. The reasons stated in that judgment will be justification for interfering with the judgments which are impugned in these cases also. I therefore set aside L.A.A.NOs. 1442, 1457 & 1574 OF 2008 2 the judgment and decree under appeal in these cases and remand these cases back to the reference court for fresh decision in accordance with law. The reference court will afford opportunity to the appellant, to the State and also to the claimants for adducing whatever further evidence they have at their commend. Fresh decision will be taken by the reference court on the basis of the evidence already on record and the evidence which comes to be on record while taking decision. The court will have due regard to the observations of this court in the common judgment in L.A.A.No. 1452/08 series. Allowed by way of remand. Refund the full court fee paid on the appeal memoranda to the counsel for the appellant. A copy of the common judgment in L.A.A.NO. 1452/08 series will be annexed to this judgment. PIUS.C.KURIAKOSE JUDGE sv. L.A.A.NOs. 1442, 1457 & 1574 OF 2008 2