IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 LA.App..No. 168 of 2008(B) ------------------------------ LAR.59/2002 of SUB COURT, MANJERI .................... APPELLANT(S): RESPONDENT --------------------------------- THE DISTRICT COLLECTOR, MALAPPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS --------------------------------- 1. RADHA, W/O.DR.MOHANDAS, MAYOOKHA, HOUSE NO.42, WATTS LANE, NANTHANCODE, THIRUVANANTHAPURAM. 2. CHANDRIKA, D/O.PUTHUKKUDY, KUNHIKRISHNAN NAIR, LAKSHMI NIVAS, MANJERI. 3. RATNAKUMARI, D/O.PUTHUKKUDY, KUNHIKRISHNAN NAIR, LAKSHMI NIVAS, MANJERI. ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE FOR R1 TO 3 SRI.M.A.ABDUL HAKHIM FOR R1 TO R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.168 of 2008 ------------------------------------------------ Dated this the 23rd day of October, 2009 JUDGMENT Pius C. Kuriakose, J Heard both sides. Having regard to the decision taken by this Court in L.A.A.73/08, L.A.A.634/08 and L.A.A.281/08 which were all appeals preferred by the Government against other judgments covered by the impugned common judgment, we are of the view that the impugned judgment is to be set aside and the L.A.R is to be remanded. Accordingly, setting aside the judgment and decree under appeal, we remand L.A.R.59/02 to the Sub Court, Manjeri. That court is directed to afford opportunity to both sides to adduce further evidence and to take a fresh decision in the L. A. A. No.168 of 2008 -2- matter on the basis of the entirety of evidence which comes on record. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-