IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 LA.App..No. 976 of 2009() ------------------------- LAR.278/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT: ----------------------- P.LATHAKUMARI, W/O.MOHANAN.S., PANACHAMOODU VEEDU, PALACE NAGAR-31, TOWN WARD, KAZHAKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY SR. G.P. SRI. SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.976 OF 2009 ................................................................... Dated this the 14th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. No representation for the appellant. But the learned Senior Government Pleader Sri.C.R. Shyam Kumar very fairly brings to our notice the judgment of this Court in LAA.No.1769/2007, a copy of which is made available. Under that judgment, this Court has noticed that the value of properties in category-8 acquired for the same purpose was refixed at Rs.24,710/- per Are. Under the above judgment, value of the properties in category-11 was refixed at Rs.18,779/- per Are. The properties under acquisition were in category-9. We are sure that based on the judgment in LAA.No.1769/2007 the appellant will be entitled to higher value than what is presently awarded. In the absence of the counsel for the appellant, we are not inclined to take a final decision. 2. We set aside the judgment and decree under appeal and remand the LAR to the reference court. The reference court is directed to take a fresh decision keeping in mind the L.A.A.NO.976 OF 2009 : 2 : judgment of this court in LAA.No.1769/2007. It is open to the appellant or to the Government to place before the learned Subordinate Judge a copy of the above judgment. If parties want to adduce further evidence, the learned Subordinate Judge shall permit them to do so. As we notice laches on the part of the appellant in the matter of prosecuting the case, we are not inclined to order refund of the full court fee. The section will refund only 60% of the court fee remitted. So also, there will be a direction to the reference court that on the enhanced compensation we may be awarded to the appellant under the revised award to be passed by the reference court pursuant to this order, the appellant will not be awarded interest under Section 28 during the period from 14.7.2007 till 14.7.2010. The appeal is allowed by way of remand. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl