IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 LA.App..No. 255 of 2010(C) ------------------------------- LAR.232/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. RAVEENDRAN, S/O. SREEDHARAN, PUTHEN VEEDU, VAYAKKALATHUMURI, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARKS, KARIAVATTAM, THIRUVANANTHAPURAM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2010, A/W LAA.415/10,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.255 & 415 of 2010 ------------------------------------------------ Dated this the 12th day of August, 2010 JUDGMENT Pius C. Kuriakose, J These appeals by the Government pertains to acquisition of land in Attipra village pursuant to Section 4(1) notification published on 17/12/03 for the purpose of electronic Technopark at Kazhakkoottam. We notice the common judgment of this Court in LAA.1332/08 series. According to us, in view of the reasons stated in the common judgment, the impugned judgment and decree is liable to be interfered with. Hence, we set aside the impugned judgment and decree and remand the LARs back to the Second Additional Sub Court, Thiruvananthapuram. That court is directed to take a fresh decision in the matter after affording opportunity L. A. A. Nos.255 & 415 of 2010 -2- to both sides to adduce whatever further evidence they want to in support of their claim and the revised judgment will be passed by the Subordinate Judge at the earliest. A copy of the common judgment in LAA.1332/08 series will be placed before the learned Subordinate Judge, either by the requisitioning authority or by the Government. While passing the revised judgment the learned Subordinate Judge will have due regard to the observations contained in our common judgment in L.A.A.1332/08 series. These appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-