IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 LA.App..No. 2067 of 2008() -------------------------- (AGAINST THE JUDGMENT AND DECREE IN L.A.R. 271/05 ON THE FILE OF SUB COURT, THALASSERY) APPELLANT(S): 2ND RESPONDENT ---------------------------- THE GENERAL MANAGER, K.S.I.D.C, THIRUVANANTHAPURAM. BY ADVS. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT ------------------------------------------ 1. KUNHIPURAYIL MADONANDY ACHUTHAN, RAYAROTH HOUSE, P.O.MUTHIYANGA. 2. MAROLI KRISHNAN, PRIYA NIVAS, P.O.MOORIYAD. 3. GOVERNMENT OF KERALA, REP.BY THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SMT. LATHA THANKAPPAN FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.No. 2067/08 ORDER ON I.A. NO. 4601/08 IN L.A.A. NO. 2067/08 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 6.1.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- L.A.A.No. 2067 OF 2008 --------------------------------- Dated this the 6th day of January, 2009 JUDGMENT This appeal is preferred against the judgment in L.A.R. 271/05 of the Subordinate Judge, Thalassery. It relates to acquisition of 0.0082 hectors of garden land in R.S. No. 73/1A in Pattiam Village. The Land Acquisition officer passed an award fixing the land value at Rs. 5,30,555/- per hector. The Land Acquisition court on a consideration of the materials refixed the land value at Rs. 10,000/- per cent. It is against that decision the 2nd respondent in the L.A.R has come up in appeal. 2. A learned Judge of this court had an opportunity to consider large number of cases coming under the very same acquisition proceedings. The learned counsel for the appellant made available before me the judgment in L.A.A. 1576/08. A reading of the said judgment would reveal that in one of the cases, the learned Judge had fixed the value at Rs. 9,000/- and there is difference in per cent value in many many cases. The court also held that “I feel that the reference court at any rate not justified in fixing the land value for the properties involved in this case at Rs. 10,000/- per cent”. L.A.A.No. 2067/2008 -2- Therefore the learned Judge had set aside the award and remitted the case back to the Land Acquisition Court for consideration. So in the light of the said judgment, it may not be proper to uphold the per cent value at Rs. 10,000/- . 3. Therefore I set aside the award passed by the Land Acquisition Court and remit the case back to the same court for fresh disposal after affording equal opportunities to all concerned to adduce evidence in support of their respective contentions and I direct the Land Acquisition Court to pass a fresh award in accordance with law. Parties are directed to appear before the trial court on 16.2.2009 and endeavour shall be made for an expeditious disposal. The appellant is entitled to refund of the full court fee paid on the appeal memo. It shall be refunded to the counsel for the appellant. M.N. KRISHNAN,JUDGE vkm