IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 LA.App..No. 186 of 2010(B) ------------------------------- LAR.133/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- KERALA MINERALS & METALS LTD., SANKARAMANGALAM, CHAVARA KOLLAM-REPRESENTED BY THE ASST. GENERAL MANAGER (P & A). BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): CLAIMANT & 1ST RESPONDENT -------------------------------------------------------- 1. KESAVAN, S/O. AYYAPPAN, KATTIL VEEDU, PANMANA. 2. GANGA DEVI, D/O. KESAVAN, KATTIL VEEDU, PANMANA. 3. SINDHU, D/O. KESAVAN, KATTIL VEEDU, PANMANA. 4. HARI KUMAR, S/O. KESAVAN, KATTIL VEEDU, PANMANA. 5. GOPAKUMAR, S/O. KESAVAN, KATTIL VEEDU, PANMANA. 6. MINI, D/O. KESAVAN, KATTIL VEEDU, PANMANA. 7. MANU, S/O. KESAVAN, KATTIL VEEDU, PANMANA. LA.App..No. 186 of 2010(B) -2- 8. STATE OF KERALA, REPRESENTED BY DIST. COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2011 A/W LAA.227/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. Nos.186 & 227 of 2010 ------------------------------------------------ Dated this the 14th day of November, 2011 JUDGMENT Pius C. Kuriakose, J It is submitted by Smt.K.Latha on behalf of the appellant/Requisitioning Authority M/s Kerala Minerals & Metals Ltd. that identical appeals preferred by the appellant against the same awards have been interfered with by this Court and the LARs have been remitted back to the Reference Court. She drew our attention to the judgment of this Court in L.A.A.1356/09. Having gone through the above judgment, we are of the view that the issue raised in these appeals is already decided in favour of the appellant by the above judgment. For the various reasons stated in the judgment in L.A.A.1356/09, the judgments and decrees which are impugned in these appeals are liable to be L. A. A. Nos.186 & 227 of 2010 -2- interfered with. Hence, we set aside the judgments and decree under appeal and remand L.A.R Nos.133/01 and 169/01 to the Additional Sub Court, Kollam for a fresh decision. The learned Subordinate Judge will afford opportunity to the appellant to adduce further evidence. If the appellant adduces further evidence, the claimants/ respondents should also be allowed to adduce further evidence. While conducting enquiry and passing fresh decision, the learned Sub Judge should have due regard to the reasons stated by this Court in the judgment in L.A.A.1356/09. A copy of that judgment will be made available to the learned Subordinate Judge by the appellant. The learned Sub Judge will complete the enquiry and pass revised award at the earliest. Preferably all the cases pertaining to the present acquisition can be consolidated by the learned Subordinate Judge and the LARs can be decided by a common judgment. Registry will re-fund only 70% of L. A. A. Nos.186 & 227 of 2010 -3- the court fee remitted on the appeal memoranda. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge