IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 LA.App..No. 334 of 2009() --------------------------------- LAR. NO.297/2005 OF PRL. SUB COURT, THALASSERY ........ APPELLANT(S): 2ND RESPONDENT ---------------------- THE GENERAL MANAGER K.S.I.D.C, KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM BY ADV. MR.D.KRISHNANKUTTY PILLAI RESPONDENT(S): CLAIMANT AND IST RESPONDENT ------------------------- 1. VADAVATHI BALAN MATHOTTAM, P.O.MOORIYAD. 2. KELOTH GOURI, MATHOTTAM, P.O.MOORIYAD. 3. THE SPEICIAL TAHSILDAR, L.A. THALASSERY. R3 BY GOVT. PLEADER MR.BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. 977/2009 IN LAA. NO.334/2009 DISMISSED 17/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 334 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in LAR 297/05. This matter was tried along with LAR 177/05 and 389/05. Against the award in LAR 177/05 LAA 305/09 was filed and by a judgment of this Court dated 12th January, 2010 I had set aside the award and remitted the case back to the Land Acquisition Court to consider the matter in the light of the decision reported in K.S.I.D.C v. Vayalambron Krishnan 2008 (4) KLT 726. Since the lands acquired are under the same acquisition and are adjacent properties, the matter requires reconsideration in the light of the decision mentioned above. Therefore the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court with a direction to permit all concerned to produce documentary as L.A.A. 334 OF 2009 -2- well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Land Acquisition Court on 15.3.2010. Let the full Court fee paid on the memorandum of appeal are refunded to the appellant. M.N. KRISHNAN, JUDGE. ul/-