IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 155 of 2009() ------------------------- LAR.238/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S)/ RESPONDENT NO.2 ----------------------------- GENERAL MANAGER, KSIDC, REP. BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S)/ CLAIMANT AND R1 ------------------------------ 1. MANDONANDI JANU, TALIKANDI HOUSE, P.O. MOORIYAD, KUTHUPARAMB, KANNUR. 2. THE SPECIAL TAHSILDAR, L.A, THALASSERY. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.155 of 2009 ------------------------------------------------ Dated this the 22nd day of September, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and the acquisition was of the property in Kuthuparamba Village for the purpose of widening the road leading to the requisitioning authority's Industrial Growth Centre at Valiavelicham. The Land Acquisition Officer awarded land value at the rate of Rs.3900/- per cent which was enhanced under the impugned judgment to Rs.10,000/- per cent. Though the claimant/respondent has been served with notice, he has not entered appearance before this Court. Our attention is drawn by Sri.Joby Cyriac, the counsel for L. A. A. No.155 of 2009 -2- the appellant to judgment of this Court in K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726) and the other judgments following the above judgment. We are of the view that for reasons stated in the judgment in K.S.I.D.C v. Vayalambron Krishnan (cited supra) the impugned judgment is liable to be interfered with. Accordingly, we set aside the impugned judgment and remand L.A.R.238/05 to the Subordinate Judge's Court, Thalassery. The appellant is directed to place a copy of the judgment in K.S.I.D.C v. Vayalambron Krishnan (cited supra) also before the Sub Court. The Sub Court will give opportunity to all parties to adduce further evidence, if they want to, and will pass the revised judgment on the basis of the entirety of the evidence which comes on record. Refund full court fee L. A. A. No.155 of 2009 -3- paid on the appeal memo to the appellant. This appeal is thus, allowed, by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-