IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 LA.App..No. 1692 of 2008(C) --------------------------------------- L.A.R. NO.133/2000 OF SUB COURT, MANJERI. .................... APPELLANT/ RESPONDENT: ----------------------------------------- THE DISTRICT COLLECTOR, MALAPPURAM. BY SR. GOVERNMENT PLEADER MR. P.K. BABU. RESPONDENT/ CLAIMANT: --------------------------------------- MUKKODAN KARATTUCHALI RAYINKUTTY, S/O MUHAMED, TRIPPANCHI, PULPETTA P.O. BY ADVS. MR.C.KHALID, MR.N.GOPINATHA PANICKER, MR.R.O.MUHAMED SHEMEEM, MR.T.P.SAJID, MR.M.VIJAYAKUMARAN. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. L.A. APP. NO.1692/2008-C: ORDER ON I.A. NO.3850/2008 IN L.A.A. NO.1692/2008-C DISMISSED SD/- PIUS C.KURIAKOSE, JUDGE, 23/09/2009. SD/- K. SURENDRA MOHAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.1692 of 2008 ------------------------------------------- Dated this the 23rd day of September, 2009 JUDGMENT Pius C.Kuriakose,J. The lands under acquisition in this case were included in category-D by the Land Acquisition Officer. We set aside the judgment and decree under appeal and remand the LAR to the reference court. The reference court is directed to decide whether the lands under acquisition were enjoying frontage of any road. If the enquiry reveals that the property was enjoying frontage of road, the learned subordinate judge will proceed as if the lands were eligible to be included in category-C and award Rs.26,730/- per Are. However, if the enquiry reveals that the land did not have any frontage of road, the subordinate judge will award land value at the rate of Rs.21,384/- per Are only. The parties will appear before the reference court on 15.10.2009. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/