IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 LA.App..No. 760 of 2007(D) -------------------------- LAR.19/2003 of ADL.SUB COURT, THALASSERY .................... APPLICANT: APPELLANT/RESPONDENT ---------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, NH RAILWAY, KANNUR. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT/RESPONDENT ---------------------------------- 1. VALSALA KARUNAKARAN, D/O LATE GOVINDAN, SREEVALSAM, NEAR REST HOUSE, TALAP, KANNUR VILLAGE, KANNUR TALUK. 2. THE DEPUTY CHIEF ENGINEER(CONSTRUCTION), SOUTHERN RAILWAY, KOZHIKODE. ADV. SRI.R.SURENDRAN FOR R1 SRI.M.C.CHERIAN,SR.SC.,RAILWAYS SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.760 OF 2007 ------------------------ Dated this the 22nd day of July, 2009 JUDGMENT Pius C.Kuriakose, J. By our order dated 16/7/2009, we found that the reliance placed by the learned Subordinate Judge on Exts.A2 and A3 judgments for granting enhancement to the claimant was justified. The Registry now reports to us that against Ext.A2 judgment, there were three appeals and two appeals were allowed by this court by remanding the LAR cases back to the reference court. As regards Ext.A3 judgment, the report is that the appeal preferred against Ext.A3 was partly allowed by this court. 2. Having regard to the submissions of the learned senior Government Pleader Sri.Basant Balaji and Sri.Sunil Nath, learned Standing Counsel for the Railways and those of Sri.R.Surendran, learned counsel for the claimant, we feel that in the light of the decision taken by this court in the appeals pertaining to Exts.A2 and A3, it is ideal that the judgment and decree under appeal are set aside and the LAR case is remanded to the reference court. LAA.No.760/2007 2 3. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R. No.19/2003 to the Sub Court, Thalassery. That court will take fresh decision after affording opportunity to both parties to adduce further evidence regarding the correct market value of the property under acquisition. The claimant respondent is directed to place before the reference court copy of the judgment in the appeal preferred to this court against Ext.A3. The reference court is directed to take into account the remand order passed by this court in the appeals preferred against Exts.A2 (Appeals against LAR No.35/2002, 36/2002 and 66/2003 of the Sub Court Thalalssery). Revised judgment, as directed above will be passed at the earliest and at any rate with five months of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk