IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 LA.App..No. 1614 of 2008() -------------------------- LAR.261/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE GENERAL MANAGER, K.S.I.D.C. THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT ------------------------------------------ 1. MADMULLATHIL PUZHAKKAL SAROMMA, STYLO HOUSE, O.P. MOORIYAD. 2. THE GOVERNMENT OF KERALA, REP.BY DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI.BASANT BALAJI (NO MEMO) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ L.A.A.No. 1614 OF 2008 ------------------------ Dated this the 25th day of November, 2008 JUDGMENT Service is completed. No appearance for the 1st respondent claimant. I had occasion to deal with other cases pertaining to the acquisition pursuant to the very same section 4(1) notification in the same village and for the same purpose. By the common judgment in L.A.A.No.1452/2008 series, I set aside the judgment and decree of the court below and remanded the matter to the court below for taking fresh decision. In view of the reasons stated in my judgment in L.A.A. 1452/2008 series, the impugned judgment in this case is also liable to be interfered with. Accordingly, appeal will stand allowed. Judgment and decree under appeal are set aside and L.A.R. No.261/2005 is remanded to the court below for fresh decision in the light of the observations contained in my common judgment in L.A.A. No.1452/2008. The court below will give opportunity to both L.A.A..No.1614/2008 2 sides to adduce further evidence and will take fresh decision in the light of the entire evidence which comes on record at the earliest and at any rate within four months of the parties entering appearance pursuant to the order of remand. Refund full court fee paid on the appeal memo to the counsel for the appellant. (PIUS.C.KURIAKOSE,JUDGE) dpk