IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 LA.App..No. 439 of 2010(D) -------------------------- LAR.273/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------- 1. SOBHANA, D/O.KUNJULEKSHMI, THEKKUMBHAGHATHU VEEDU, VAYAKKALATHU MURI, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, TECHNOPARK, KAZHAKUTTOM, THIRUVANANTHAPURAM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 439, 459, 545 & 563 of 2010 ----------------------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. We find that the issue raised in these appeals which pertaining to acquisition of land in Attipra Village for the purpose of expansion of Technology Parks at Kazhakuttom is covered by our own common judgment in LAA. No. 1332 of 2008 series. For the various reasons stated therein we set aside the judgments and decrees under appeals and remand LAR.Nos. 273/07, 114/06, 231/05 and 239 of 2005 to the Subordinate Judge's Court, Thiruvananthapuram. That Court is directed to take a fresh decision in these LARs. after affording opportunity to all parties to adduce further evidence. While taking fresh decision the court will have due regard to the observations of this Court in common judgment in LAA. No. 1332 of 2008 series. Either the Government or the requisitioning authority will place a copy LAA. 439/10 etc. -2- of that judgment before the learned Sub Judge. The learned Sub Judge will pass revised judgment within four months of receiving copy of this judgment. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-