IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 LA.App..No. 1650 of 2007() -------------------------- LAR.56/2005 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- THE MANAGING DIRECTOR, KSIDC, REP. BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANTS AND R1 ------------------------------- 1. CHAMBALON YESHODHA, KANIKKATTU VAYALA HOUSE, KUTHUPARAMBA. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. BY GOVT.PLEADER SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2009, ALONG WITH L.A.A.1657/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.Nos.1650 & 1657 OF 2007 ------------------------ Dated this the 23rd day of March, 2009 JUDGMENT Pius C.Kuriakose, J. Heard both sides. These appeals are preferred by the requisitioning authority and they relate to acquisition of land in Kuthuparamba village for the widening of a road leading to the Industrial Growth Centre at Valiyavelicham . Relevant Section 4 (1) notification was published on 30/1/2001. The land acquisition officer awarded land value at the rate of Rs.3,900/-, which was enhanced by the reference court to Rs.20,000/-. Per cent. 2. Our attention was drawn by Sri.Joby Cyriac to the judgment of this court in KSIDC v. Vayalambron Krishnan ( 2008(4)KLT 726) by which a large number of cases decided by the same reference court relating to the very same acquisition was considered by this court and after setting aside the judgment of the reference court, those cases were remanded to the reference court itself. Learned counsel submitted that in view of the reasons stated in that judgment, it is necessary that the impugned judgment is set aside and the matter remanded to the L.A.A..No.1650/07 & another 2 reference court for taking fresh decision. The learned counsel for the respondents/claimants submitted despite the interim order passed by this court in L.A.A. No.1650/2007, the appellant has not remitted 50% of the decree debt payable to the claimants. Sri.Joby Cyriac, learned counsel for the appellant, submitted that if time is given, deposit will certainly be made. 3. We have heard the rival submissions and we have gone through the judgment reported in KSIDC v. Vayalambron Krishnan ( 2008(4)KLT 726). We are of the view that in view of the reasons stated in that judgment, it is necessary that the reference court reconsiders the impugned judgment. Accordingly, we set aside the impugned judgment and remand L.A.R.Nos.56&57/2005 to the Subordinate Judge's Court, Thalassery. That court will afford opportunity to both sides to adduce whatever evidence they want to in support of their rival contentions. That court will pass fresh orders on the basis of the evidence already on record the the evidence which comes to be on record pursuant to this order of remand at the earliest and at any rate within three months of the parties entering appearance before that court pursuant to this judgment. L.A.A..No.1650/07 & another 3 4. It is made clear that the above order of remand will become operative only if the appellant deposits 50% of the decree debt due under the impugned decrees within one month from today. The reference court will receive deposit of the above 50% by the appellant, if the same is made within one month from today. Upon deposit being made, the order of remand will become operative and the LAR will go back to the reference court. That court will pass fresh judgments in the light of the directions given above. While taking decision, that court will keep in mind the legal principles laid down by this court in KSIDC v. Vayalambron Krishnan ( 2008(4)KLT 726). If deposit is made, the reference court will permit the claimants to withdraw the amount, subject to the final outcome of the reference case. Refund full court fees paid on the appeal memoranda to Sri.Joby Cyriac, learned counsel for the appellant. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE dpk. L.A.A..No.1650/07 & another 4 L.A.A..No.1650/07 & another 5 PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk