IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No. 1104 of 2007(A) -------------------------- LAR.210/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): APPELLANTS/RESPONDENTS ------------------------------------ STATE OF KERALA, REP.BY SPECIAL TAHSILDAR, LA, NH, KOZHIKODE. BY SR. GOVERNMENT PLEADER BENNY VARGHESE RESPONDENT(S): CLAIMANT/RESPONDENT IN THE LAR --------------------------------------------- 1. MANKUZHIYIL IYYATHU, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 2. MANKUZHIYIL IMBICHI PATHU, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 3. MANKUZHIYIL IMBICHAYISHA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 4. MANKUZHIYIL NABEESA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 5. MANKUZHIYIL RUKHIYA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 6. MANKUZHIYIL SAINABHA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 7. MANKUZHIYIL RABIYA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 8. MANKUZHIYIL JAMEELA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 9. MANKUZHIYIL SAJNTH, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 10. MANKUZHIYIL NAJEER, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 11. MANKUZHIYIL SUBAIDA, W/O.MUHAMMED KOYA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 12. MANKUZHIYIL RASILA, D/O.MAHAMMED KOYA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 13. MANKUZHIYIL RINSA, D/O.MUHAMMED KOYA, MANKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. 14. MANAKUZHIYIL RAMEESA, D/O.MUHAMMED KOYA, MANAKUZHIYIL HOUSE, THALAKULATHOOR VILLAGE, THALAKULATHOOR P.O., KOZHIKODE. ADV. SRI.R.SUDHISH SMT.M.MANJU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 1104 OF 2007 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2009. J U D G M E N T At the out set I may like to state that a finality cannot be achieved in this case even though the matter is coming up before this Court for the 2nd time after an order of remand. I feel the matter requires consideration and there must be sound and cogent reasons for arriving at a figure as Governmental money is involved and the right of a party is badly affected by the process of acquisition. This court remanded the matter and the documents relied upon mainly are Exts.A3 and A5 which are the judgments of the Court. The Land Acquisition Court had stated that the acquired property and the property referred to in those judgments are situated at a distance of three km., one km. etc. and also arrives at a definite finding that nobody can say that the property under reference and the property involved in Exts.A3 to A5 are same and similarly located. It rejected the claim of Rs.35,000/- L.A.A. 1104 OF 2007 -2- then it goes on to discuss about the governmental price which also was not satisfactory to the court and ultimately states that having carefully considered the oral evidence on record and supporting documents he has fixed the market value at the rate of Rs.25,000/- per cent. When the documentary materials referred to are discussed and found to be unsatisfactory, can it form the basis of a decision on the question. Therefore I am dissatisfied with the mode in which the matter has been dealt with in this case. So the award under challenge is set aside and the matter is remitted back to the lower Court for fresh consideration after permitting the parties to adduce evidence if they feel so and I also direct the lower Court to write a reasoned judgment so that one will understand the mind of the court in arriving at the quantum of valuation. Parties are directed to appear before the Land Acquisition Court on 11.12.2009. M.N. KRISHNAN, JUDGE. ul/-