IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 LA. App. No. 840 of 2001(D) & CROSS OBJECTION ---------------------------------- LAR.465/1999 of SUB COURT, KOZHIKODE .................... APPELLANT/ RESPONDENT: --------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR. RESPONDENT/ CLAIMANT: ----------------- MANJOLI PURUTHOTHAMAN, S/O. KANDAKUTTY, VENGERI, KARUVISSERY, KOZHIKODE TALUK. BY ADV. SRI. P.V. KUNHIKRISHNAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. No. 840 OF 2001 & CROSS OBJECTION ----------------------------------------- Dated this the 24th day of January, 2008. J U D G M E N T Kurian Joseph, J. Both the State and the claimant are aggrieved by the fixation of land value by the reference court, Sub Court, Kozhikode. Acquisition is for the purpose of National Highway Bye-pass. The acquired property is in Vengeri village. 2. The reference court has placed reliance on L.A.R.No.488/1997. There were other documents also. It is seen that the State had filed an appeal against L.A.R.No.488/1997 as L.A.A.No.125/2002 and this Court by judgment dated 15.02.2005 has remitted the case for fresh consideration to the reference court. For parity of reasons, we set aside the judgment and decree in this case and remand the matter to the reference court for L.A.A. 840/01 &C.O 2 fresh consideration with liberty to the parties to adduce fresh evidence. In view of the remand as above, the cross objector shall be entitled to refund of the court fee. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 840/01 &C.O 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 840 OF 2001 & CROSS OBJECTION J U D G M E N T 24.01.2008