IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 LA.App..No. 950 of 2008() ------------------------- LAR.172/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS ----------------------- 1. THOTTUMATH PUTHIYA PURAYIL FATHIMA, W/O.LATE ABDUL RAHIMAN, `WAHEEBA', NEAR GANDHI NAGAR HOUSING COLONY, P.O.CHOVVA, KANNUR-6. 2. T.P.JASEEMA, D/O.LATE ABDUL RAHIMAN, C/O.P.NOUFAL, NO.177B, SYDENHAMS ROAD, MADRAS-3. 3. KADRI KANAKKAPILLANTAKATH KADERKUTTY, S/O.LATE AYSHABI, ABOO MANZIL, SOUTH BAZAR, KANNUR. 4. C.NAZREE, D/O.LATE MARIYAM, PAM COTTAGE, POONEVAZHI ROAD, EDAPPALLY, COCHIN-26. 5. FAZEL MUHAMMED, S/O.LATE MARIYAM, `RABIYA VILLA', NEAR CIVIL STATION, THAVAKKARA, KANNUR. 6. C.SAHIRA, D/O.LATE MARIYAM, `PAAM COTTAGE', POONEVAZHI ROAD, P.O.EDAPPALLY. 7. SAFAR MUHAMMED, S/O.LATE MARIYAM, `PAAM COTTAGE', POONEVAZHI ROAD, P.O.EDAPPALLY. 8. MUHAMMED FIROS, S/O.LATE MARIYAM, RABIA VILLA, THAVAKKARA, KANNUR. LAA.No.950/08 9. FAYAZ MUHAMMED, S/O.LATE MARIYAM, RABIA VILLA, THAVAKKARA, KANNUR. 10. RIYAZ MUHAMMED, S/O.LATE MARIYAM, RABIA VILLA, THAVAKKARA, KANNUR. 11. C.MAMMU, S/O.LATE AYSABI, SHESIN, AD-EBRAHIMKUTTY ROAD, SOUTH BAZAR, KANNUR-2. 12. C.RABIA, D/O.LATE AYISHABI, RABIA VILLA, NEAR CIVIL STATION, THAVAKKARA ROAD, KANNUR. 13. C.HASHIM, ABOO MANZIL, SOUTH BAZAR, KANNUR. 14. MOHAMMED MAZROOK, RABIYA VILLA, NEAR CIVIL STATION, THAVAKKARA, KANNUR-2. 15. B.AYISHA, W/O.KADERKUTTY, AASHIYAN, NEAR MILMA BOOTH, PODIKUNDU, KANNUR-2. 16. SHAMEENA KAMAL, D/O.KHADERKUTTY, AASHIYAN, NEAR MILMA BOOTH, PODIKUNDU, KANNUR. 17. B.SHAHEEMA, D/O.KHADERKUTTY, AASHIYAN, NEAR MILMA BOOTH, PODIKUNDU, KANNUR. 18. B.SHAROON, D/O.KHADERKUTTY, AASHIYAN, NEAR MILMA BOOTH, PODIKUNDU, KANNUR. 19. B.NIKHAL, D/O.KHADERKUTTY, AASHIYAN, NEAR MILMA BOOTH, PODIKUNDU, KANNUR. (ALL APPELLANTS EXCEPT APPELLANT NO.13 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, THE 13TH APPELLANT). BY ADV. SRI.C.P.PEETHAMBARAN LAA,.NO.950/08 RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR (LA), THALASSERY. 2. THE GENERAL MANAGER, TELECOM, KANNUR. ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R2 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 SRI.C.M.SURESH BABU,SC,B.S.N.LTD. FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.950 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. Heard Sri.C.P.Peethambaran, learned counsel for the appellant, Sri.C.M.Suresh Babu, learned standing counsel for the BSNL and Sri.Basant Balaji, learned senior Government Pleader for the State. Sri.C.P.Peethambaran submitted that even though Exts.A1 and A2 had been produced by the claimants and the Advocate Commissioner appointed by the court had made a comparison of the acquired property with the property covered by Exts.A1 and A2, learned Subordinate Judge has failed to place any reliance on Exts.A1 and A2 observing that there is no evidence adduced by the claimants regarding Exts.A1 and A2. According to him, that observation is incorrect since the Commissioner's report was there. 2. Learned standing counsel for the BSNL submitted that the proper evidence to be adduced regarding Exts.A1 and A2 is the evidence of either the assignor or the assignee or somebody who is LAA.No.950/08 2 connected with the transaction recorded in Exts.A1 and A2. Sri.Peethambaran would submit that if opportunity is given, the appellant will be able to adduce the evidence of some of the parties related to Exts.A1 and A2 and the learned counsel requests for a remand to the reference court. Having considered the rival submissions addressed at the Bar, we feel that the impugned judgment and decree can be set aside and the LAR can be remanded to the reference court. Accordingly, we set aside the judgment and decree and remand the LAR back to the reference court. The reference court will permit the appellants to examine either the assignor or the assignee of documents Exts.A1 and A2 and substantiate their claim for enhancement. That court will permit the appellants to adduce further evidence, if they so choose. In case further evidence is adduced by the appellants, the reference court will permit the requisitioning authority and also the the Government to adduce counter evidence. Further trial will be completed and revised judgment will be passed by that court within four months of the civil court re-opening after mid-summer recess. Since remand necessitated LAA.No.950/08 3 due to the default of the appellant, we are not inclined to direct refund of the court fee 1/3 of which is only remitted. PIUS.C.KURIAKOSE JUDGE M.C. HARI RANI JUDGE sv. LAA.No.950/08 4