IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 LA.App..No. 684 of 2009() ------------------------- LAR.376/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ GOVERNMENT OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 ------------------------------------------- 1. MANJU.S.R, SREE RANGAM, T.C. 3/1163, KULATHOOR.P.O, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE ENGINEER, ELECTRONIC TECHNOLOGY PARK (KERALA), KARIAVATTOM.P.O, THIRUVANANTHAPURAM. BY ADV.M.HEMALATHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 684 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal by the government pertains to grant of enhanced compensation by the reference court in an acquisition pertaining to the establishment of Electronics Techno Park at Kozhakkootam in Thiruvananthapuram district. The relevant Section 4(1) notification was published in 17-12-2003. It is brought to our notice that this court by common judgment in L.A.A.No.1332, 1955, 2478 of 2008 & 13, 88, 44, 68 of 2009 dated 8-4-2009 interfered with the enhancement similar to the enhancement granted under the impugned judgment in the same acquisition. 2. Under the above circumstances, the judgment and decree under this appeal have to be interfered with. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R.No.376/2005 to the Subordinate Judge's Court, Thiruvananthapuram. That court will give opportunity to both sides to adduce further evidence and pass a revised judgment. While passing revised judgment, that court will have due regard to the observations made by this court in the common judgment in LAA.No.684/09 2 L.A.A.No.1332/08 series. The claimant/respondent will place before the reference court a copy of that common judgment also. The appeal is allowed by way of remand. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.684/09 2