IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 LA.App..No. 2271 of 2008() ------------------------------------- LAR.418/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/ RESPONDENT ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL GOVERNMENT PLEADER RESPONDENT/ CLAIMANTS --------------------------------------- 1. P.T. DANIEL, T.C 13/393, RED CROSS ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. R1 BY SRI.J.HARIKUMAR R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * L.A.A.No.2271 of 2008 ---------------------------------------- Dated this the 26th day of October 2010 J U D G M E N T K.M.JOSEPH,J The appellant is State of Kerala. An extent of 0.27 ares of land comprised in Sy.No.779/3-1, 3-2 of Thycadu village was acquired for the purpose of widening of Vellayambalam-Thycadu road for TRIDA as per 4(1) notification dated 27/6/2003. The land was taken possession on 23/5/2005. The Land Acquisition Officer fixed the land value at the rate of Rs.2,71,700/- per are. The court enhanced the land value to Rs.24,23,828/- per are. 2. We have heard the learned senior Government Pleader and also the learned counsel for the appellant. In the connected appeals (L.A.A.No.912 of 2009 and L.A.A.No.1220 of 2009) this Court has remanded back the matter for fresh consideration. In the light of the judgment in L.A.A.No.1363 of 2008 and in the interest of justice, we should follow the same procedure in this case and remand back the matter for fresh consideration. L.A.A.No.2271 of 2008 2 3. The court will permit both parties to adduce whatever evidence they want to in support of their rival contentions. Fresh decision will be taken by the Sub Court on the basis of the evidence already available on record and on the basis of the further evidence to be adduced by the parties, if any. 4. The appeal is allowed as above. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr L.A.A.No.2271 of 2008 3 L.A.A.No.2271 of 2008 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010