IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 LA.App..No. 480 of 2010(D) -------------------------- LAR.33/2004 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT IN LAR ------------------------------- STATE OF KERALA, REP.BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER R. BINDU RESPONDENT(S): CLAIMANT & R2 IN LAR ----------------------------------- 1. SARALA, D/O.KOCHUKRISHNAN, KINARUVEETIYAVILA VEEDU, MUNDAYIL, VARKALA. 2. THE SECRETARY, VARKALA MUNICIPALITY. ADV. SRI.R.MANOJ FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, ALONG WITH LAA. NO. 556/10 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 480 & 556 of 2010 ----------------------------------------------- Dated this the 18th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. Having regard to the submissions of the learned Govt. Pleader Smt. R. Bindu and those of Mr. Manoj. R., learned counsel for the respondent and having noticed the judgment of this Court in LAA. No. 505 of 2009, we feel that the judgments and decrees under appeals should be interfered with and LARs. remanded to the Reference Court. For the various reasons stated in the judgment in LAA. No. 505 of 2009, we set aside the judgments and decrees under appeals and remand LAR. Nos. 29 and 33 of 2004 to the Subordinate Judge's Court, Attingal. That court will permit both sides to adduce whatever further evidence they want to and pass revised judgments on the basis of entirety of the evidence which comes on record. We make it clear that this judgment of remand will become operative only if the -2- requisitioning authority facilitates deposit of 30% of the total amount due under the impugned judgment within three months from today. If deposit is not made the impugned judgments will stand confirmed. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-