IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 LA.App..No. 922 of 2009() ------------------------- LAR.351/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. MANIKANTAN NAIR, KOVILVILAKATHU VEEDU, VAYAKKALATHUMURI, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARKS, KARYAVATTOM, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R1 SRI.P.A.AHAMED, SC, TECHNOPARK THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.922 of 2009 ---------------------------------- Dated this the 6th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. Government is in appeal. Property under acquisition was in Attipra Village for the purpose of Technopark at Kazhakootam. Relevant Section 4(1) notification was published on 7.12.2003. Our attention is drawn by the learned Government Pleader to our own judgment in L.A.A.1332/2008 dt.8.4.2009. Following the judgment in L.A.A.No.1332/2008 we are of the view that the impugned judgment is liable to be set aside. Accordingly we set aside the judgment and decree and remand the LAR.No.351/05 to the IInd Additional Sub Court, Thiruvananthapuram. That court is directed to give opportunity to all parties to adduce whatever evidence they want to and to pass revised judgment. While taking fresh decision the court below will provide due regard to the observations made in L.A.A.No.1332/2008 and the L.A.A.922/09 2 requisitioning authority is directed to place a copy of the common judgment before the learned Subordinate Judge. The learned Subordinate Judge will complete the enquiry and pass revised judgment at the earliest, at any rate within 4 (four) months of the parties entering appearance. Parties will enter appearance before court on 1.2.2010. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb