IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 LA.App..No. 1082 of 2005() -------------------------- LAR.216/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): -------------- SPECIAL TAHSILDAR (LA), KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): --------------- KALLIANIKUTTY AMMA, PUTTATT HOUSE, MOORIKARA P.O., KAKKODI, KOZHIKODE. ADV. SRI.N.GOVINDAN NAIR SRI.N.SANKARA MENON THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1082 OF 2005 ------------------------ Dated this the 16th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. In this appeal the Government impugns the enhancement of land value from Rs. 41851/- per cent to Rs.2,00,000/- per cent. The acquisition was for the purpose of straightening the curve at Muthalakulam - Moideen Palli road junction of N.H.17 within the limits of the Kozhikode Corporation. It was relying on Ext.A1 judgment, that the reference court granted the impugned enhancement. It is brought to our notice that in L.A.A.351/2002 this court has set aside Ext.A1 and remanded the issue to the reference court giving opportunity to both sides to adduce further evidence. Since Ext.A1 has been set aside, this judgment also has to be set aside. 2. Accordingly, we set aside the impugned judgment and remand L.A.R. No.216/2000 to the Sub Court, Kozhikode. That court will afford opportunity to both sides to adduce further evidence to substantiate their contentions. Revised judgment pursuant to this judgment will be passed by the learned Sub L.A.A..No.1082/2005 2 Judge at the earliest and at any rate within four months of receiving a copy of this judgment. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk