IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 LA.App..No. 618 of 2011() ------------------------- LAR.1/2004 of SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA ,REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.G.P.SRI. C.R. SHYAM KUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. SAFEENA BEEVI,KINATTAZHIKATHU VEEDU, KILIMANOOR, PAZHAYAKUNNUMMEL VILLAGE. 2. THE SECRETARY, PAZHAYAKUNNUMMEL GRAMA PANCHAYATH. ADV. SRI. K.SIJU FOR R2 SRI.PRATHEESH.P FOR R2 SRI.J.JAYAKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.618 OF 2011 ................................................................... Dated this the 19th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The Government is in appeal. The property was in Pazhayakunnummel village and the acquisition was for construction of bus stand at Kilimanoor. Section 4(1) notification was published on 6.6.2002. The L.A. Officer awarded land value at the rate of Rs.18,779.40 per Are. Before the reference court the appellant produced Ext.A1 document only. The learned Subordinate Judge discarded Ext.A1 and by doing guess work awarded value of the land under acquisition at Rs.45,452/- per Are. Our attention has been drawn by Sri. C.R. Shyam Kumar, learned senior Government Pleader to the judgment of this Court in L.A.A.No.587/2010. It was submitted that this Court by judgment in that case has remanded identical matters to the reference court. Sri. K. Siju, learned counsel for the requisitioning authority would support the Government Pleader's submission. Having considered the submissions, we are of the view that the decision which was L.A.A.NO.618 OF 2011 : 2 : taken in L.A.A.No.587/2010 should be followed in this case. Hence we set aside the judgment and decree under appeal and remand L.A.R.No.1/2004 to the Sub Court, Attingal . The learned subordinate judge is directed to afford opportunity to both parties to adduce whatever further evidence they want to. The revised award will be passed at the earliest on the basis of the entire evidence which becomes available on record. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl