IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 LA.App. No. 1600 of 2007(D) ---------------------------------- LAR.272/1998 of ADDL.SUB COURT, KOLLAM .................... APPELLANTS/CLAIMANTS: ------------------------------- 1. KARTHYAYANI AMMA PANKAJAKSHI AMMA, THUNDUVILA, PUNUKKANOOR. 2. PANKAJAKSHI AMMA MINIMOL, THUNDUVILA, PUNUKKANNOOR. 3. JANARDHANAN PILLAI YESODHARAN PILLAI, THUNDUVILA, PUNUKKANOOR. BY ADV. SRI. D. KISHORE RESPONDENTS/RESPONDENTS: ------------------------------------ STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI. MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. NO. 1600 OF 2007 ----------------------------------------- Dated this the 3rd day of January, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment and decree in L.A.R. No. 272/1998 on the file of the Additional Sub Court, Kollam. Acquisition is for the purpose of Kallada Irrigation Project. 2. It is fairly clear from the judgment that the reference was answered sustaining the land value fixed by the Land Acquisition Officer mainly on the ground of non-representation and non co-operation of the appellants. Though the appellants attempted a review belatedly, both the delay petition and the review were also dismissed. 3. In view of the decision of this Court reported in Shahida Beevi vs. State of Kerala (2007(4) ILR Kerala 750), we are of the view that it is only in the interests of justice that the parties are given a fresh opportunity before the reference court. L.A.A. 1600/07 2 Accordingly, we set aside the judgment and decree in L.A.R. No. 272/1998 on the file of the Additional Sub Court, Kollam and also the order in I.A. No. 3790/2006. The reference court is directed to consider the matter afresh with an opportunity to the appellants to adduce evidence. The evidence, if any, shall be adduced before 11.02.2008. The parties shall appear before the reference court on 08.02.2008. The reference shall be answered before closing of the court for summer vacation. In view of the facts and circumstances stated in the judgment under appeal and also in the judgment of this Court referred to above, we make it clear that the appellants shall not be entitled for interest at the rate of 15% from 01.03.2004 till the judgment by the reference court as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp