IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 LA.App..No. 249 of 2011() ------------------------- LAR.226/2007 of SUB COURT, MAVELIKKARA .................... APPELLANTS/CLAIMANTS ---------------------- 1. SIVANANDAN, PLAMOOTTIL KIZHAKKATHIL, PERINGALA, KAYAMKULAM. 2. VIJAYAMMA, OF --DO-- , --DO-- BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS/RESPONDENTS ------------------------- 1. STATE OF KERALA,REPRESENTED BY GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. SOUTHER RAILWAY, ERNAKULAM. R1 BY SR.GOVT.PLEADER SMT.LATHA T.THANKAPPAN R2 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.249 of 2011 ---------------------------------------------------- Dated this the 11th day of April, 2011 Judgment Pius C.Kuriakose, J. The claimants are in appeal. The property was in Kayamkulam village and the acquisition was pursuant to Section 4(1) notification published on 6.10.2004. Mr.C.Rasheed, learned counsel for the appellants placed before us copy of our own judgment in LAA No.1260 of 2009 and submitted that based on that judgment, the market value of the land be refixed. Smt.Latha T.Thankappan, learned Senior Government would oppose the above request. According to her, in L.A.A.No.1260 of 2009, Section 4(1) notification was different. She would further submits that there is no evidence on record to accept the submission of Mr.Rasheed that the property in that case and the property in the present appeal were situated adjacently. We feel that there is justification for remanding LAR No.226 of 2007 to the reference court for a reconsideration giving opportunity to the appellants to adduce further evidence for showing the proximity and comparability between the property under acquisition and the property covered by LAA No.1260 of 2009. If evidence comes LAA 249/11 2 on record to the effect that the properties have situated proximately, the court below may be justified in granting proportionate increase based on judgment in LAA No.1260 of 2009 keeping in mind the difference between the two notifications. The result of the above discussion is that the judgment and decree under appeal are set aside and LAR No.226 of 2007 is remanded to the learned Subordinate Judge's Court, Mavelikkara. The court below is directed to take a fresh decision after affording opportunity to adduce whatever further evidence they want to. The parties will enter appearance before the court below on 25.5.2011. The court below will take a decision on the basis of the evidence already on record and the further evidence which comes to be on record. The Registry will refund the initial court fee remitted to the appeal memorandum to the counsel for the appellants. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 249/11 3 LAA 249/11 4