IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 LA.App..No. 719 of 2006(D) -------------------------- LAR.82/1999 of SUB COURT, MANJERI .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE MANAGING DIRECTOR, KSIDC, REP.BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANTS AND 1ST RESPONDENT ------------------------------------------- 1. PEEDIKAPARAMBAN HAMZA, S/O.MAYINKUTTY HAJI, HAJIYARPALLY, MALAPPURAM, (MUKTHIYAR AGENT OF MAYINKUTTY). 2. THE DISTRICT COLLECTOR, MALAPPURAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 719 of 2006 ----------------------------------------------- Dated this the 14th day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. This is an appeal by the requisitioning authority and pertains to acquisition of land for the purpose of establishment of Industrial Growth Centre of KSIDC at Malappuram. The L.A. Officer fixed land value at the rate of Rs.2310/- per cent which was re-fixed by the reference court at Rs.4500/- per cent. We had occasion to decide L.A.A. No. 406 of 2005 dealing with the acquisition of exactly similar property for the same purpose. Under that judgment we set aside the re-fixation of the land value by the Sub Court at Rs.4500/- per cent and remanded the LAR. For the reasons stated in that judgment the impugned judgment is also liable to be set aside. Accordingly, following the decision in LAA. No. 406 of 2005 we set aside the judgment and decree under appeal LAA.N0. 719/09 -2- and remand LAR. No. 82 of 1999 to the Sub Court, Manjeri. That court will afford opportunity to all parties to adduce whatever further evidence. That court will pass revised judgment on the basis of the entirety of the evidence which comes on record. Refund the full court fee paid on the appeal memorandum to the appellant or the appellant's counsel. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-