IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 LA.App..No. 296 of 2009(D) -------------------------- LAR.290/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: -------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENT/CLAIMANT & 2ND RESPONDENT: --------------- 1. C.BABY, D/O. CHELLAMMA, THUNDUVILAKATHU VEEDU, KOLATHU MURI, ATTIPRA. 2. THE CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARK, (KERALA) KARIAVATTOM PO, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1 SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------ LAA. No. 296 of 2009 ------------------------------------------- Dated this the 17th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. Service is completed. Smt.M.Hemalatha appears for claimant respondent. This case pertains to acquisition of land in Attipra Village for the purpose of Techno Park and pursuant to notification under Section 4(1) published on 17- 12-2003. We notice the common judgment of this Court in LAA. No. 1332/08 series. Under that judgment which was rendered in cases relating to the same acquisition and for the same purpose, this court set aside the judgment of the reference court and remanded the LARs back to the L. A. Court giving opportunity to both sides to adduce further evidence. Following the view taken in that common judgment, we set aside the impugned judgment and decree and remand LAR. No. 290 of 2006 to the Second Addl. Sub Court, Thiruvananthapuram. That court is directed to afford LAA. No. 296/09 - 2 - an opportunity to all parties to adduce whatever evidence they want and thereafter will pass revised judgment on the basis of the entire evidence which comes on record. The counsel for the requisitioning authority is directed to place a copy of the common judgment in LAA. No. 1332 of 2008 series before the learned Subordinate Judge. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-