IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 LA.App..No. 333 of 2006() ------------------------- LAR.174/1999 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: CLAIMANT: -------------------- DR. T.P. JACOB, S/O. POULOSE, THENUMKAL, ALUVA, REP. BY HIS POWER OF ATTORNEY HOLDER, GEORGE JACOB, KALLATH HOUSE,AYYAPPANKAVU, KOCHI. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB RESPONDENTS: RESPONDENTS: ------------------------- 1. STATE OF KERALA.* 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, REP. BY EXECUTIVE ENGINEER, K.W.A. HUDCO DIVISION, KOCHI-11. (*THE CAUSE TITLE OF THE APPEAL IS AMENDED BY ADDING THE FULL ADDRESS OF THE FIRST RESPONDENT AS STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, BY ORDER DT. 23.1.2008 IN I.A.3593/07) BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN. SRI.BABU VARGHESE, SC, KWA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.333 of 2006 ---------------------------------------------- Dated 23rd January, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the claimant against the judgment and decree in LAR 174/99 on the file of the Sub Court, North Paravur. It is fairly clear from the judgment itself that the judgment happened to be passed since the appellant/claimant did not cooperate with the court in adducing evidence. After having heard the learned counsel for the appellant, we are convinced that this is a case covered by the decision of this court in Shahida Beevi v. State of Kerala (2008(1) KLT 206). Accordingly, we set aside the judgment and decree under appeal and remit the matter to the reference court. The parties shall appear before the reference court on 12.2.2008. In case the appellant wants to adduce any evidence, the same shall be done on or before 12.2.2008. Thereafter, the reference shall be answered before the closing of the court for summer vacation. It is made clear that in the event of enhancement being given, the claimant shall be disentitled for interest at the rate of 15% from LAA NO.333/06 2 3.2.2005 to the date of the judgment of the reference court as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs