IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 113 of 2009() ------------------------- LAR.179/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- MANAGING DIRECTOR/GENERAL MANAGER, KSIDC, REP. BY ASSISTANT, GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S): CLAIMANT AND R1 ------------------------------ 1. KUNDAMKULAM ABOOTY HAJI, S/O. KUNHAMMED, ALMACO, NARAVOOR, KUTHUPARAMBA. 2. GOVERNMENT OF KERALA, REP. BY THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 113 of 2009 ----------------------------------------------- Dated this the 22nd day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. Invoking rule 51(2) of the High Court Rules it is declared that the first respondent also has been duly served with notice. 2. This is an appeal by the requisitioning authority and under challenge is the enhancement of the market value of the land under acquisition from Rs.6799/- to Rs.20,000/-. The case pertains to acquisition of land in Kuthuparamba Village for the purpose of widening of the road leading to Industrial Growth Centre at Valiyavelicham. Our attention is drawn by Mr. Joby Cyriac to the judgment of this Court in KSIDC v. Vayalambron Krishnan, 2008(4) KLT 726. We are of the view that in the light of that judgment the judgment under appeal has to be set aside. Accordingly, we set aside the judgment impugned under appeal and remand LAR. No. LAA. N0. 113/09 -2- 179 of 2005 to the Sub Court Thalassery. The Sub Court is directed to afford opportunity to all parties to adduce further evidence if they want to. The Sub Court will pass a revised judgment on the basis of the entirety of the evidence which comes on record. Refund the court fee remitted on the appeal memorandum to the appellant. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-