IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 LA.App..No. 1348 of 2009(B) -------------------------------- LAR.209/2005 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ----------------------------- ACHAMMA JOSEPH, KALLARACKAL KADAVIL,RESIDING AT FIELD VILLA, PALLIPPURAM VILLAGE,REPRESENTED BY POWER OF ATTORNEY HOLDER JOSE GEORGE. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), INDUSTRIAL GROWTH CENTRE,CHERTHALA, ALAPPUZHA DISTRICT. 2. THE MANAGING DIRECTOR, KSIDC,THIRUVANANTHAPURAM. ADV. SRI.D.KRISHNANKUTTY PILLAI FOR R2 SRI.JOBY CYRIAC SRI.SHEEJO CHACKO FOR R2 GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1348 of 2009 ------------------------------------------------ Dated this the 29th day of August, 2011 JUDGMENT Pius C. Kuriakose, J It is brought to our notice by Sri.Jobi Jose, the learned counsel for the appellant that two cases covered by the common judgment which is impugned in this appeal were remanded by our judgment dated 22/08/11 in L.A.A.1292/09 and L.A.A.1293/09. Sri.Jobi Jose requested that the LAR relating to this appeal also be remanded by this Court imposing the same condition. The request of the learned counsel in our view is reasonable. We set aside the judgment and decree under appeal and remand L.A.R.209/05 to the Subordinate Judge's Court, Cherthala. The appellant will make available for perusal by the learned Subordinate Judge, a copy of the judgment in LAA.1292/09 and 1293/09. The learned Subordinate Judge will try the present LAR along with the other connected LARs. The L. A. A. No.1348 of 2009 -2- appellant, Government and the Requisitioning Authority will have the opportunity of adducing further evidence. The revised award will be passed on the basis of the entirety of the evidence which comes on record. This remand is subject to the following conditions:- In case under the revised award, the appellant becomes eligible for enhanced compensation over and above what is awarded in the impugned judgment, such enhanced compensation will not carry interest otherwise admissible under Section 28 during the period from 29/11/08 till 22/08/11. The Registry will re-fund only 80% of the court fee remitted on the appeal memo to the counsel for the appellant. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.1348 of 2009 -3-