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 19TH MAY 2010 / 29TH VAISAKHA 1932 LA.App..No. 583 of 2005 (A) -------------------------------- LAR.120/1994 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT. ----------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS. ---------------------------------- 1. RETNAMMA, D/O.LEKSHMY AMMA, NEDUNGATHUKIZHAKKATHIL, CHEMBAKASSERILPUTHIYA VEEDU, VAYANAKATHU KARAMIA MURI, OACHIRA. 2. SIVASANKARA PILLAI, S/O.APPAVU PILLAI, NEDUNGATHUKIZHAKKATHIL CHEMBAKASSERILPUTHIYA VEEDU, VAYANAKATHU KARAMIA MURI, OACHIRA. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1&2 SRI.K.JAYAKUMAR FOR R1 & 2 SRI.P.B.KRISHNAN FOR R1&2 SRI.R.SURAJ KUMAR FOR R1&2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.583 of 2005 ------------------------------------------------ Dated this the 19th day of May, 2010 JUDGMENT Pius C. Kuriakose, J The Government is in appeal against the award of the Land Acquisition Reference Court in LAR.120/94. It was relying mainly on Ext.A1 judgment that the Reference Court re-fixed the market value. We notice from the judgment of this Court in LAA.1725/02 that Ext.A1 was set aside by this Court and the case remanded to the Sub Court, Mavelikkara. In view of the judgment in LAA.1725/02, it is only appropriate that we interfere with the impugned judgment. Accordingly, we set aside the impugned judgment and remand LAR.120/94 to the Subordinate Judge's Court, Kollam. That court is directed to L. A. A. No.583 of 2005 -2- afford opportunity to both parties to adduce whatever further evidence they want to in support of their rival claims. Once the enquiry is completed, the learned Subordinate Judge will pass revised judgment on the basis of the evidence already adduced in the case and further evidence to be adduced in the case. The learned Subordinate Judge will pass revised judgment within five months of the parties entering appearance before the court below. Parties will enter appearance before the court below on 03/06/10. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-