IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 LA.App..No. 1391 of 2009() ----------------------------------- LAR.36/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT NO. 1 IN LAR :- --------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. SR.GOVT. PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S)/CLAIMANT/RESPONDENT No.2 IN LAR :- -------------------------------------------------------------------------------- 1. LEELAKUMARI DEVI @ KUNJI PILLAI, TC 3/2354 LEKSHMI NIVAS, VALLAVEETTUMURI, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. R1 BY SRI.LAL GEORGE R2 BY SRI.M.RAJAGOPALAN NAIR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------- L.A.A. No.1391 of 2009 -------------------------------- Dated this the 2nd day of February 2011 J U D G M E N T Pius C. Kuriakose, J. The Government is in appeal. Sri.Lal George takes notice for the claimant/respondent. We notice the judgment of this Court in L.A.A.Nos.1366/2009, 1507/2009, 1535/2009, 1564/2009, 64/2010 and 24/2010. According to us, for the various reasons stated in these judgments, the impugned judgment is liable to be interfered with. Hence we set aside the impugned judgment and decree and remand L.A.R.No.36/2008 to the II Addl. Sub Court, Thiruvananthapuram. That Court is directed to take fresh decision after affording opportunity to both sides to adduce further evidence. That Court will have due regard to the common judgment passed by this court in the other cases L.A.A. No.1391 of 2009 -: 2 :- while passing the fresh judgment. The parties will enter appearance before the Reference Court on 28.2.2011. The learned Sub Judge will pass revised judgment after completing enquiry within two months of court reopening after mid summer vacation. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt