IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 LA.App..No. 333 of 2009() ------------------------- LAR.200/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN LAR ----------------------------------- THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT 1 & 2 & IST RESPONDENT IN LAR ----------------------------------------------------- 1. MAROLI VIJAYAN, KARTHIKA P.O.MOOIYAD. 2. NELLIYODAN KARTHIYAYANI, KARTHIKA, P.O.MOOIYAD. 3. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. SRI.K.I.MAYANKUTTY MATHER ( R1 & R2) SRI.P.P.RAMACHANDRAN GOVT.PLEAER SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2009, ALONG WITH L.A.A.NO.347/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.Nos.333 & 347 of 2009 ------------------------ Dated this the 25th day of March, 2009 JUDGMENT Pius C.Kuriakose, J. L.A.A.No.347/2009 is filed by the claimants and L.A.A.No.333/2009 is filed by the requisitioning authority. L.A.A.No.347/2009 pertains to acquisition in Kuthuparamba Village for the widening of the road leading to the Industrial Growth Centre of the KSIDC. Our attention is drawn by Sri.P.P.Ramachandran, learned counsel for the appellant in L.A.A.No.347/2009 to the judgment of this court in KSIDC v. Vayalambrom Krishnan (2008 (4) KLT 726), by which this court set aside the judgment of the reference court in three cases pertaining to acquisition for the same purpose and pursuant to the very same notification. Under that judgment, this court remanded the reference cases to the reference court for a reconsideration of the issue. 2. Following the view taken by this court in KSIDC v. Vayalambrom Krishnan's case (supra), we set aside the judgment under appeal and remand the LAR back to the Thalassery Sub L.A.A..Nos.333/2009 & another 2 Court. That court will afford opportunity to all the parties to adduce further evidence if they desire so and revised judgment will be passed by that court in the light of the evidence already on record and the further evidence which comes to be on record. While taking fresh decision that court will have due regard to the principles laid down and observations made under the judgment of this court in KSIDC v. Vayalambron Krishnan's case (supra). Refund the court fee paid on the appeal memoranda to the learned counsel for the petitioners. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk