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 2ND MARCH 2009 / 11TH PHALGUNA 1930 LA.App..No. 115 of 2009() ------------------------- LAR.64/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS 3 TO 9 -------------- 1. K.P. NARAYANAN, KALLISSERI AMSOM, IRINAVU, KANUR. 2. K.P. YESODHA, DO...DO.... 3. K.P. PARU, DO....DO.... 4. K.P. RAVEENDRAN, DO.....DO.... 5. K.P. SREEMATHI, DO....DO..... 6. K.P. SANTHA, DO......DO..... 7. K.P. SURENDRAN, DO....DO.... ( APPELLANT NO.7 IS REP. BY THE POWER OF ATTORNEY HOLDER K.P.YESODHA, 2ND APPELLANT HEREIN) BY ADV. SRI.V.PREMCHAND RESPONDENT(S): RESPONDENTS --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, KINFRA, VELLAYAMBALAM, THIRUVNANTHAPURAM. BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.115 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal is filed by the claimants seeking enhancement of compensation over what is awarded by the reference court. The case pertains to acquisition for the second respondent KINFRA i.e. for the establishment of their Kannur Power Project. It is brought to our notice that against enhancement granted at various rates, including the rate granted under the impugned judgment, there were a large number of appeals before this court and this court by common judgment dated 22-07-08 se taside the judgment of the reference court and remanded the matter back to that court for fresh consideration and decision, giving opportunity to both sides to adduce fresh evidence. The copy of the above judgment is placed before us. 2. Having gone through the common judgment and having heard the submissions of the learned counsel for the appellants and the learned Government Pleader, we feel that the decision taken in that LAA.No.115/09 2 common judgment is to be followed in this case also. Accordingly, we set aside the judgment under appeal and remit L.A.R.No.64/2002 of the Additional Sub Court, Thalassery for fresh consideration and decision. It will be open to both sides to adduce fresh evidence. The reference court shall pass revised judgment in this case within five months of receiving a copy of this judgment. Since the matter is being remanded, the appellants do not have to pay the balance court fee and even the initial court fee remitted by them will be refunded to them. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.115/09 2