IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 LA.App..No. 1023 of 2009() -------------------------- LAR.399/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. C.R. SHYAMKUMAR RESPONDENT(S): CLAIMANTS: ---------------------------------------------- 1. S.USHA, PACHUVILAKATHU VEEDU, KOLATHUMKARA, ATTIPRA. 2. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK ,KARYAVATTOM, THIRUVANANTHAPURAM. R1 BY ADVS.SRI.S.MOHAMMED AL RAFI, SRI.S.R. AJITH. SRI.ASHIK K.MOHAMMED ALI. R2 BY ADVS. SRI.ANIL THOMAS(T), SC,TECHNOPARK, SMT.K.V.RASHMI, SC, TECHNOPARK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.1023 OF 2009 ................................................................... Dated this the 22nd day of November, 2011. JUDGMENT Pius C. Kuriakose, J. Having gone through the grounds raised in this appeal and having considered the submissions addressed at the bar by Sri. Syam Kumar – learned senior Government Pleader and Sri.Anil – learned counsel for the requisitioning authority and Mohammed Al Rafi – learned counsel for the claimant, we find force in the submissions of the learned Government Pleader that the issue is covered in favour of the appellant by a common judgment of this Court in LAA.No.1332 of 2008 and other connected cases. We are of the view that for various reasons stated in the common judgment dated 8.4.2009 the impugned judgment and decree are liable to be interfered with. We set aside the impugned judgment and decree under appeal and we remand LAR.No.399/05 to the Sub Court, Trivandrum. The learned Subordinate Judge is directed to pass revised award after affording opportunity to all the parties to adduce whatever further evidence they want to. L.A.A.NO.1023 OF 2009 : 2 : While taking decision, the learned Subordinate Judge should have due regard to the observations of this Court in the common judgment in LAA.No.1332 of 2008 and other connected cases. The State or the requisitioning authority will place before the learned Subordinate Judge a copy of the above common judgment. Parties will enter appearance before the reference court on 16.12.2011. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl