IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 LA.App..No. 603 of 2009() -------------------------------------- LAR.395/2005 of PRL.SUB COURT,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------------------- THE GENERAL MANAGER, K.S.I.D.C., KESTON ROAD, P.O.KOWDIAR, TRIVANDRUM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLIAIMANT AND 1ST RESPONDENT ---------------------------------------------------------------------------- 1. K.V.SURESH BABU, S/O. ACHUTHAN VAYALIL HOUSE, P.O. MOORIYAD. 2. GOVT. OF KERALA REP. BY DISTRICT COLECTOR, KANNUR. R1 BY ADVS.SRI.GEORGE MATHEWS, SMT.CELINE JOSEPH. R2 BY SR.GOVT. PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.603 OF 2009 ................................................................... Dated this the 22nd day of November, 2011. JUDGMENT Pius C. Kuriakose, J. It is submitted by the learned counsel for the appellant –requisitioning authority that the issue raised in this appeal by the requisitioning authority is already decided by this Court by passing an order of remand. Our attention was drawn to the judgment of this Court in LAA.No.1576/08, a copy of which was placed before us. For the various reasons stated in that judgment, we set aside the judgment and decree under appeal and remand LAR.No.395/05 to the Sub Court, Thalasery. The learned Subordinate Judge is directed to take fresh decision regarding the correct compensation payable to the respondents after affording opportunity to both sides to adduce whatever further evidence they want to. The appellant however will forfeit one third court fee remitted on the appeal memo as they did not prefer appeal on time. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl