IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 LA.App..No. 1901 of 2008() -------------------------- LAR.167/2005 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 AND 1ST RESPONDENT IN LAR ------------------------------------------------------- 1. VALANKI RAJEEVAN, S/O.PALERI BALAN, VAYALIL HOUSE,P.O.MOORIYAD. 2. GOVT.OF KERALA, REP.BY DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009 ALONG WITH LAA.NO.1902/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... L.A.A.Nos. 1901 & 1902 OF 2008 ............................................. Dated this the 4th day of December, 2009 J U D G M E N T These appeals are preferred against the award of the Land Acquisition Court, Thalassery in LAR.Nos.167/2005 and 115/2005. These land acquisition references were disposed of along with LAR.No.300/2005. 2. The learned counsel for the appellant would contend before me against the award in LAR.No.300/2005. LAA.No.2074/2008 was preferred and by a common judgment a Division Bench of this Court has set aside the award and remanded those cases back to the Tribunal for a fresh consideration. Since the subject matter and the relevant materials relied on for the purpose of arriving at a decision are same, he requests that the matter has to be sent back. It is a reasonable request. 3. Therefore, I set aside the award and remit the case back to the Land Acquisition Court for appropriate consideration in accordance with law after permitting all concerned to produce documentary as well as oral evidence : 2 : L.A.A.Nos. 1901 & 1902 OF 2008 in support of their respective contentions. The parties are directed to appear before the Land Acquisition Court on 8.01.2010. Refund of full court fee be granted in the name of the counsel for the appellant. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.Nos. 1901 & 1902 OF 2008