IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 LA.App..No. 28 of 2009() ------------------------ LAR.288/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE GENERAL MANAGER, K.S.I.D.C, KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT ------------------------------------------ 1. KARAYI DIVAKARAN, THAYYIL HOUSE, P.O.MOORIYAD. 2. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. ADV. SRI.C.P.PEETHAMBARAN FOR R1 GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009 ALONG WITH LAA.NO.2074/08 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.28, 30,33,47,97,98,237 of 2009 & 2074 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2009 JUDGMENT Pius.C.Kuriakose, J. L.A.A.Nos.28, 30, 33 ,47, 97, 9 of 2009 and 2074 of 2008 are filed by the requisitioning authority- KSIDC, Thiruvananthapuram. L.A.A.No.237/09 is filed by the claimant. These appeals pertain to acquisition of land in Kuthuparamba village for the widening of the road leading to the Industrial Growth Centre, Valiyavelicham near Kuthuparamba. The relevant Section 4(1) notification was published on 30/01/2001. As against the land value of Rs. 2148/- per cent awarded by the land acquisition officer, the reference court refixed the land value at the rate of Rs. 10,000/- per cent. It is seen that this court by judgment in KSIDC v. Vayalambron Krishnan ( 2008(4) KLT 726) and by subsequent judgments interfered with the award of the reference court in identical matters. Claimants in the appeal preferred by the requisitioning authority have been served and there is no appearance for them. LAA.No.28/09 & connected cases 2 In view of the judgment in KSIDC v. Vayalambron Krishnan ( 2008(4) KLT 726), we feel that the question of determining the correct compensation for the acquired properties in these cases should be reconsidered by the reference court. Accordingly, we set aside the judgments and decrees under appeal and remand L.A.R.Nos. 288/2005, 203/2005, 294/2005, 347/2005, 278/2005, 282/2005 & 300/2005 to the Subordinate Judge's Court, Thalassery. That court will take fresh decision in the light of the judgment in KSIDC v. Vayalambron Krishnan ( 2008(4) KLT 726). That court will permit both sides to adduce further evidence, if they want to. Further enquiry will be completed and revised judgment as directed above will be passed by the reference court at the earliest and at any rate within four months of receiving a copy of this judgment. Refund the full court feel paid on the appeal memoranda to the learned counsel for the appellant. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv LAA.No.28/09 & connected cases 2