IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 LA.App..No. 1619 of 2008(D) --------------------------- LAR.247/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT ------------------------------------------ 1. VELANDI MOHINI, THATTIYOTH HOUSE, P.O.MOORIYAD. 2. THE GOVERNMENT OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 SRI.C.P.PEETHAMBARAN SRI.C.P.PEETHAMBARAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ L.A.A.No.1619 OF 2008 ------------------------ Dated this the 24th day of November, 2008 JUDGMENT Heard Sri.Krishnankutty Pillai, learned counsel for the appellant and Sri.C.P.Peethambaran, learned counsel for the respondents. It is submitted by both sides that this court following the common judgment in L.A.A. No.1452/2008 series has allowed L.A.A. No.1697/2008 which was directed against one of the cases covered by the common judgment, which is impugned in this appeal by passing an order of remand. 2. I have gone through the judgment in L.A.A. No.1452/2008 series and also the judgment in L.A.A. No.1697/2008. I am of the view that in view of those two judgments, the impugned judgment and decree in this appeal have to be interfered with. Accordingly, appeal will stand allowed. Judgment and decree are set aside. L.A.R. No.247/2005 is remanded to the Subordinate Judge's Court Thalasery. That court is directed to allow both sides to adduce further evidence L.A.A..No.1619/2008 2 and take a fresh decision in the light of the entire evidence which comes on record taking into account the observations in the judgment in L.A.A. 1452/2008. Refund the full court fee paid on the appeal memo to the counsel for the appellant. It is made clear that 50% of the decree debt under deposit pursuant to the interim order passed by this court will be allowed to be withdrawn by the respondent unconditionally. (PIUS.C.KURIAKOSE,JUDGE) dpk