IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 LA.App..No. 1538 of 2005(D) --------------------------- LAR.415/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT: ----------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENTS: CLAIMANT --------------------- 1.. OMMINI DAMODARAN, KARETHU VEEDU, KRISHNAPURAM VILLAGE. (DIED) 2. LEELA, W/O SURENDRAN EDAKOCHIYIL VEEDU PATHIYOOR P.O., PATHIYOOR 3. SARALA, W/O HARIDASAN, APARNA BHAVANAM KRISHNAPURAM P.O. 4. VIMALA , W/O RAMESAN, KARETHU HOUSE KAPPIL MUKKU , KRISHNAPURAM P.O. 5. SUNIL KUMAR ( S/O RADHA DECEASED DAUGHTER OF THE RESPONDENT ) PLAMOOTTIL KAPPIL MUKKU KRISHNAPURAM P.O. The cause title is amended by incorporating the names of additional respondents vide order dated 21-11-07 in I.A.No. 4309/07 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4184/07 IN L.A.A.NO. 1538/05 DISMISSED 15-7-08 Sd/-, PIUS.C.KURIAKOSE, JUDGE PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1538 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 JUDGMENT This appeal filed by the Government pertains to acquisition of 1.17 Ares of land in Krishnapuram village for the purposes of railways pursuant to a notification under section 4(1) dated 28-10-1990. The land acquisition officer awarded Rs. 9094/- per Are which was enhanced by the reference court by Rs. 15,530/- per Are. The reference court placed reliance mainly on Ext.A1 judgment in L.A.R. No. 585/1993 on the files of the same court. It is reported that against Ext.A1 there was L.A.A. No. 518/2000 filed before this court by the Government and this court by judgment dated 20-11-2003 set aside Ext.A1 and remanded L.A.R. No.585/1993 to the Sub court for taking fresh decision permitting both sides to adduce further evidence. I have gone through the judgment in L.A.A.No. 518/2000 since under the impugned judgment it was Ext.A1 which was relied on . The judgment of this court setting aside Ext.A1 should have its consequences on this case also. Accordingly, I set aside the impugned LAA.No.1538/05 2 judgment and remand the case back to the Subordinate Judge's Court, Mavelikkara. That court will permit both sides to adduce further evidence if they so choose and take into account all relevant materials including the revised judgment if any passed in L.A.R. No.585/1993 and take a fresh decision. Fresh decision as directed above shall be taken by the court within four months of the first hearing date of L.A.R. case after remand. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.1538/05 2