IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 LA.App..No. 517 of 2010(D) -------------------------------- LAR.264/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR ------------------------------------------------------------------------- 1. MAHESWARI, VALIYAVILAKATHU VEEDU, VAYYAKKALATHU MURI, ATTIPRA, THIRUVANANTHAPURAM. 2. RAJAMMA BINU, VALIYAVILAKATHU VEEDU, VAYYAKKALATHU MURI, ATTIPRA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No.517 of 2010 -------------------------------------------------- Dated this the 17th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J This appeal by the government pertains to acquisition of land in Attipra Village for the purpose of Technology Park. The acquisition was pursuant to Section 4(1) notification published on 17.12.2003. The land acquisition officer fixed the land value at Rs.1,30,500/- per are. The reference court re-fixed the value at Rs.4,00,000/- per are. Various grounds are raised assailing the decision of the reference court. As service of notice on the respondent was found to be difficult, we directed notice to be served on Advocate G.Radhakrishnan Nair, who was appearing for the claimant in the court bellow. Surprisingly, we find the above notice has been returned with endorsement that there is no such addressee. 2. Sri.C.R.Shyam Kumar the learned Government Pleader brings our notice that this Court has interfered with and remanded the LARs in various other identical cases. Our attention was drawn to the common judgment in L.A.A L.A.A No.517 of 2010 2 No.1332/2008, 1955/2008 and 2478/2008 and 13, 88, 44, 68 of 2009. A copy of the above judgment is before us. We are of the view that no useful purpose will be served from the point of view by any other parties for retaining this appeal before this Court any longer. We set aside the judgment and decree in appeal and remand the L.A.R No.264/2007 to the Subordinate Judge's Court, Thiruvananthapuram for a fresh decision. The learned Subordinate Judge will pass revised award keeping in mind the observations made by this court in the common judgment in 1332/2008, 1955/2008 and 2478/2008, which is already before the learned Subordinate Judge in connection with other cases. If other similar LARs are pending, it is open to the learned Sub Judge to consolidate this case with those other cases. Before the enquiry is conducted the learned Subordinate Judge shall issue notice to Mr.Radhakrishnan Nair regarding the commencement of the revised enquiry pursuant to this order. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab