IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 LA.App..No. 186 of 2007() & C.O. NO.71/2011 ------------------------- LAR.132/2003 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): RESPONDENT/CLAIMANT ---------------------------------- ULAHANNAN VARGHESE, MARANGOLI HOUSE, KULASEKHARAMANGALAM, VAIKOM TALUK. BY ADV. SRI.MATHEW PHILIP EDAPPALLI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2011, ALONG WITH C.O.NO. 71/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A..No.186 OF 2007 & C.O. NO. 71/2011 ------------------------ Dated this the 27th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal as well as the Cross Objection pertain to refixation of land value by the Reference Court for properties in Kulasekharamangalam Village acquired for the purpose of construction of Palamkadavu Bridge on Chempu - Talayolaparambu road. The Reference Court under the impugned award has refixed land value at Rs.24,000/- per Are. That court also awarded further amount of Rs.10,000/- as compensation for severage. 2. In the appeal preferred by the Government it is contended that the enhancement granted is excessive while in the memorandum of Cross Objection, it is contended that the same is inadequate. We are not inclined to decide the issue LAA.No.186/2007 & CO NO.71/20112 finally. We notice the judgment of this court in L.A.A. No.296/2008, which is another case pertaining to the very same acquisition. Under that judgment, this court remanded the LAR case to the Reference Court for taking fresh decision. 3. For the reasons stated in that judgment, we set aside the judgment and decree under appeal and remand the L.A.R. No.132/2003 to the Additional Subordinate Judge's Court, Kottayam. The learned Subordinate Judge is directed to take a fresh decision in the LAR after affording opportunity to all the parties to adduce whatever further evidence they want to. Fresh award will be passed on the basis of the evidence already on record and the evidence which comes to be adduced further by the parties. The issue raised in this appeal as well as the memorandum of Cross Objection will be taken note of by the learned Subordinate Judge while taking fresh decision. 4. The parties will enter appearance before the Reference Court on 18/10/2011. We notice some laches on the part of the claimant/Cross Objector in adducing evidence before the Court below promptly. Hence, we are not inclined to order refund of the full court fee which is paid on the memorandum of Cross LAA.No.186/2007 & CO NO.71/20113 Objection. The Registry will not refund the court fee presently remitted, which is only one third of the total court fee. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk