IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 LA.App..No. 172 of 2009() ------------------------- LAR.64/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT NO.1 -------------- K.P. MOHANAN, KOTTIYAL PALLATH, KALLISSERI, IRINAVU, KANNUR, REPRESENTED BY POWER OF ATORNEY HOLDER, KOTTODI RAMAKRISHNAN. BY ADV. SRI.V.PREMCHAND SRI.SANTHOSH.M.K. RESPONDENT(S): RESPONDENTS --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, KINFRA VELLAYAMBALAM, TIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.172 of 2009 ------------------------ Dated this the 12th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimant pertains to acquisition of land for the establishment of Kannur Power Project pursuant to a notification under Section 4 (1). It is brought to our notice that in several appeals preferred by the identically placed claimants as well as by the State, a Division Bench of this court has remanded the land acquisition references to the reference court for fresh decision after giving an opportunity to both sides to adduce further evidence. A copy of the judgment of the Division Bench in L.A.A.1539/2007 series is placed before us. In the light of the judgment of the Division Bench in L.A.A. No.1539/2007, we are of the view that there is justification for passing order of remand in this appeal also. 2. Accordingly, we set aside the judgment and decree under appeal and remand the L.A.R.No.64/2002 to the Subordinate Judge's Court, Thalassery for taking fresh decision after giving opportunity to both sides to adduce whatever further L.A.A..No.172/2009 2 evidence they want to. While taking decision, as directed above, the learned Subordinate Judge will have due regard to the observations of this court in the common judgment in L.A.A. No.623/2006 series and cross objections. If in the revised judgment, the learned Subordinate Judge becomes inclined to hold that the claimant is entitled for enhanced compensation, the learned Judge will notice that this court by order in C.M.P. No.196/2009 has clarified that the claimant will not be entitled for interest admissible under Section 28 during the period of 621 days covered by that order. This appeal is disposed of as above. Annex copy of the order passed in the C.M.Appln.196/2009 To this judgment. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk