IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 LA.App..No. 162 of 2009 & Cross Objection No.14 of 2009 ---------------------------------------------------------------- LAR.159/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): RESPONDENT NO.2 ----------------------------- MANAGING DIRECTOR/ GENERAL MANAGER, KSIDC,REP.BY ASSISTANT GENERAL MANAGER,KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R 1 ------------------------------- 1. P.K.GOVI, S/O.KORAN, 'ARUN NIVAS', P.O.MOORIYAD, VIA KUTHUPARAMBA. 2. GOVERNMENT OF KERALA REP.BY THE DIST. COLLECTOR, KANNUR. ADV. SRI.CIBI THOMAS FOR R1 ADDL.ADVOCATE GENERAL FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2011 ALONG WITH CROSS OBJECTION NO.14 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J ---------------------------- L.A.A.NO.162 OF 2009 & Cross Objection No.14 of 2009 --------------------------------------------------------------- Dated this the 19th day of January, 2011 JUDGMENT The appeal is directed against the judgment and decree in LAR No.159/2005 on the file of the Sub Court, Thalassery. The appeal preferred as LAA No.529/2009 challenging the decree and judgment in LAR No.128/2005 of the same court was heard and this Court remanded the case for fresh consideration. The LAR No.128/2005 and the present case are connected cases covered by the very same notification and category. It is also pointed out that the Land Acquisition Officer fixed the same land value for both the properties, finding that the properties come under the same category. In view of the order of remand passed by this Court in LAA No.529/2009 this case also requires reconsideration. In the said circumstances, the impugned judgment and decree are set aside and the case is remanded for fresh disposal in the light of the decision reported in K.S.I.D.C v. Vayalambron Krishnan 2008 (4) KLT 726 relied on by this L.A.A.NO.162 OF 2009 & Cross Objection No.14 of 2009 2 Court in LAA No.529/2009. Parties shall appear before the reference court on 16-02-2011. There will be a direction to refund the Court Fee paid on the appeal memorandum and the cross objection. HARUN-UL-RASHID, JUDGE pm