IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 LA.App..No. 471 of 2006() ------------------------- LAR.72/2002 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: CLAIMANT: -------------------- JOHNY, S/O.VAREETH, VAMBILIYATH, ANGAMALY. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA - REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.471 of 2006 ----------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Kurian Joseph,J. This appeal is filed by the claimant aggrieved by the judgment and decree in L.A.R.No.72/2002 on the file of the Sub Court, North Paravur. The acquisition is for the purpose of Edamalayar Irrigation Project. The main contention of the petitioner is that owing to inadvertent clerical mistake occurred while drafting the claim petition before the Land Acquisition Officer, he could not make a proper claim on centage basis; the value was mistakenly claimed only on the basis of Are. When the matter came up before this court we directed the learned Government Pleader to get instruction as to whether the property covered by this appeal is lying adjacent to and similar to the property covered by L.A.R.No.167/2001, acquired for the same purpose and covered by the same notification. On instruction the learned Government Pleader submits that the property is situated nearby and both properties are similar and comparable. It is also L.A.A.No.471 of 2006 -:2:- submitted that the value fixed by the Land Acquisition Officer is the same in both the cases. 2. Having regard to the above factual situation we are of the view that an opportunity should be given to the appellant before the reference court to prefer a proper claim before the court. Accordingly we set aside the judgment and decree in L.A.R.No.72/2002 and remit the matter to the reference court. The parties shall appear before the reference court on 18-2-2008 and the reference shall be answered before 10th April, 2008. In case the petitioner intends to file a claim statement and produce a copy of the judgment in L.A.R.No.167/2001, the same shall be done on or before 18-2-2008. In view of the remand as above, the appellant shall be entitled to refund of the court fee paid. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.471 of 2006 ---------------------------- JUDGMENT 28th January, 2008