IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 LA.App..No.81 of 2008 (A) ------------------------------- LAR.62/1994 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------------------- 1. CHAKRAPANI MOHANDAS, THOTTATHENGU VEEDU, ATTIPRA, THIRUVANANTHAPURAM. 2. KAMALA PRABHA JEEJAKUMARI, THOTTATHENGU VEEDU, ATTIPRA, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS -------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.81 of 2008 ------------------------------------------------ Dated this the 15th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is filed by the claimant who is dis- satisfied by the rejection of Section 18 reference which was initiated at their instance on the reason that there is no evidence adduced for supporting the claim for enhanced value. 2. Today we have allowed I.A. No.2260/09 and received two court judgments on file. It is the assertion of Smt.M.Hemalatha, the learned counsel for the appellants that those judgments are relevant judgments and on the basis of those judgments, the appellants will be entitled for enhanced compensation. 3. Under the above circumstances, we are L. A. A. No.81 of 2008 -2- inclined to set aside the judgment under appeal and remand L.A.R.62/94 to the II Additional Sub Court, Thiruvananthapuram. Accordingly, the judgment and decree under appeal are set aside. L.A.R is remanded to the II Additional Sub Court, Thiruvananthapuram. The two documents, namely certified copies of the judgment in L.A.R.256/94 and L.A.R.44/97 of the II Additional Sub Court, Thiruvananthapuram received on file under our order in I.A.2260/09 will also be transmitted to the II Additional Sub Court, Thiruvananthapuram. That court will permit the appellants as well as the other parties in the reference to adduce whatever further evidence they want to, in support of their respective contentions. Revised judgment will be passed by that court on the basis of the entire evidence which come on record. Refund full L. A. A. No.81 of 2008 -3- court fee paid on the appeal memo to the counsel for the appellants. 4. This appeal is allowed by way of remand. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-