IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 LA.App..No. 1437 of 2008() -------------------------- LAR.509/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS ----------------------- 1. M.M. MARY, W/O. M.C. ABRAHAM, JIM NIVAS, MALAPARAMBA.P.O, KOZHIKODE. 2. M.A. ALEX JIMMY, JIM NIVAS, MALAPARAMBA.P.O, KOZHIKODE. 3. M.A. MATHEWS JERRY, JIM NIVAS, MALAPARAMBA.P.O, KOZHIKODE. 4. M.A. SEBASTIAN, JIM NIVAS, MALAPARAMBA.P.O, KOZHIKODE. 5. JENFY ABRAHAM, JIM NIVAS, MALAPARAMBA.P.O, KOZHIKODE. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR (LA), NH NO.I, KOZHIKODE. BY GOVT.PLEADER SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.1437 OF 2008 ------------------------ Dated this the 8th day of April, 2009 JUDGMENT Pius C.Kuriakose, J. It is submitted by Sri.V.M.Syam Kumar, learned counsel for the appellants that cost of Rs.1,000/- ordered by this court has been paid and the receipt is being filed today. Therefore, order allowing the delay petition has become operative. We have considered the appeal for admission. 2. Sri.Syam Kumar, fairly brings to our notice that the State appeal L.A.A.Nos.169/2004, 367, 538 & 1012/2005 filed against the impugned judgment as well as connected judgments was allowed by this court by way of remand. A copy of the common judgment of the Division Bench of this court in those appeals is also placed before us. We find that this court under that judgment has permitted both sides to adduce further evidence and directed the reference court to take a fresh decision. In view of the judgment of this court in L.A.A. Nos.169/2004, 367, 538 and 1012/2005, we hold that this appeal is liable to be dismissed as unnecessary. L.A.A..No.1437/2008 2 Sri.Syamkumar, seeks leave to withdraw from the appeal. Leave is granted. Appeal is dismissed as withdrawn. Refund the court fee already paid on the appeal memo to Sri.Sayamkumar. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk The last sentence of the judgment dated 8/4/2009 in LAA No.1437/2008 reading “ Refund the court fee already paid on the appeal memo to Sri.Syamkumar” is deleted vide order dated 19/8/2009 in L.A.A. No.1437/2008. Registrar (Judicial)