IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 LA.App..No. 495 of 2011(C) ------------------------------ LAR.12/07 OF PRINCIPAL SUB COURT, KOZHIKODE --------- APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL THAHSILDAR, (LA), KOZHIKODE. BY SR. GOVT.PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 ------------------------------------------------------------ 1. T.S. SUDHA, W/O. VIJAYAKUMAR, MOOLAMVALLY MEETHAL, VENGERI, ERANHIPALAM - 673010 2. THE SECRETARY, KOZHIKODE CORPORATION - 673 001. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.495 of 2011 ------------------------------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C. Kuriakose The Government is the appellant. The property was in Nellikode village. The purpose of acquisition was construction of a Community Hall for the Kozhikode Corporation. Our attention is drawn by Sri.C.R.Shyamkumar, the learned senior Government Pleader to our own judgment in L.A.A.406/11. He submitted that the impugned judgment will have to be interfered with and LAR case will have to be remanded. We have gone through copy of the judgment in L.A.A.406/11. We find force in the submission of the learned Government Pleader. For the various reasons stated in the judgment in LAA.406/11, we set aside the judgment and decree under appeal. LAR.12/07 is remanded to the Subordinate Judge's Court, Kozhikode. The learned Subordinate Judge is directed to pass revised award in the L. A. A. No.495 of 2011 -2- LAR case after affording opportunity to the Government, the claimant as well as to the Requisitioning Authority to adduce further evidence in support of the rival contentions. However, we clarify that this judgment remanding the LAR case to the Reference Court will become operative only on condition that the Government deposits 50% of the total decree debt due as on today within a period of three months from today. Upon such deposit, the claimant/respondent should be permitted to withdraw the amount subject to the final outcome of the LAR proceedings. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE L. A. A. No.495 of 2011 -3-