IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 LA.App..No. 862 of 2009() ------------------------- LAR.85/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): IST RESPONDENT ---------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ---------------------------------------- 1. D.PRABHAKARAN, PRABHA VILASOM, VENPALAVATTOM, KUDAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, KARIYAVATTOM, THIRUVANANTHAPURAM. SRI.P.A.AHAMMED,SC,TECHNOPARK SMT.M.HEMALATHA (CAVEATOR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.862 OF 2009 ------------------------ Dated this the 12th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Attipra Village pursuant to Section 4(1) notification published on 17/12/2003 for the purpose of electronic Techno park. 2. We have heard the submissions of Sri.Basant Balaji, learned senior Government Pleader and those of Smt. M.Hemalatha, who had lodged caveat on behalf of the the claimant respondent, and Sri.P.A..Ahammed, learned Standing Counsel for the requisitioning authority. Our attention is drawn by the learned counsel to the common judgment of this court in L.A.A.Nos.1332,1955,2478/2008 and 13,88,44,68/2009. We have gone through the above judgment. It is seen that under the above judgment, giving reasons, this court has set aside the awards of the reference court in identical cases covered by the very same Section 4 (1) notification. For all the reasons stated in that common judgment, the impugned judgment is also liable LAA.No.862/2009 2 to be set aside and L.A.R. No.85/2006 is liable to be remanded to the reference court. Accordingly, we set aside the impugned judgment and remand L.A.R. No.85/2006 to the II Additional Sub Court, Thiruvananthapuram for taking fresh decision. Fresh decision will be taken by the learned Sub Judge after giving opportunity to all the parties to adduce further evidence if they want to. The requisitioning authority is directed to place a copy of the common judgment in L.A.A. No.1332/2008 series before the learned Sub Judge, so that the learned Sub Judge take note of the direction given therein. Fresh decision, as directed above, will be taken by the learned Sub Judge at the earliest and at any rate within four months of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk