IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 LA.App..No. 1887 of 2008() ------------------------------ LAR.299/2005 of ADL.SUB COURT, THALASSERY .................................................................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- THE GENERAL MANAGER, K.S.I.D.C, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI RESPONDENT(S): CLAIMANT AND IST RESPONDENT ---------------------------------------------------------- 1. PANOLI ANANDAN, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 2. PANOLI VASANTHA KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 3. PANOLI RAMESHAN, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 4. PANOLI VANAJA, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 5. PANOLI JANU, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 6. PANOLI DEVU, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 7. PANOLI ROHINI, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 8. PANOLI VIMALA, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 9. PANOLI VALSAN, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 10.PANOLI SATHI, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 11.PANOLI SANTHA, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 12. PANOLI BHASKARAN, KUNHIPURAYIL HOUSE, P.O.MOORIYAD. 13. GOVERNMENT OF KERALA REP.BY THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI.C.P.PEETHAMBARAN FOR R1 TO 12 SRI. BENNY VARGHESE FOR R13 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------ L.A.A. No. 1887 OF 2008 ------------------------------------------ Dated this the 1st day of December, 2009 JUDGMENT This is an appeal preferred against the award of Land Acquisition Court, Thalassery in L.A.R.299/2005. An extent of 0.0085 hectares of land comprised in R.S.39/1 Kuthuparamba Village was acquired for widening the road. An amount of Rs.7,848/- was fixed as compensation. The Land Acquisition Court after a consideration fixed the marked value at Rs.10,000/- per cent and passed an award. It is against that decision, the requisition authority has come up in appeal. 2. Heard the counsel for all. It is submitted that many matters relating to the same acquisition had been remitted back to the trial Court for fresh consideration with a direction to consider it in the light of (K.S.I.D.C Vs. Vayalambra Krishnan reported in 2008 (4) KLT 726). Since similar matters are already remitted back. I am inclined to remit this case also to the trial Court. Therefore, the award under challenge is set aside L.A.A. No. 1887 OF 2008 2 and the matter is remitted back to the Land Acquisition Court with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and dispose of the matter in accordance with law. Parties are directed to appear before the Land Acquisition Court on 7.01.2010. Refund of full Court fee is ordered and to be issued in the name of the counsel for the appellant. M.N.KRISHNAN, JUDGE SS