IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 LA.App..No. 263 of 2000(A) -------------------------- (L.A.R. NO.301/96 OF THE SUBORDIANTE JUDGE'S COURT KOZHIKODE.) APPELLANT(S)/LEGAL HEIRS OF CLAIMANT: -------------- 1. DEVAKI, W/O. VELAYUDHAN, KOYAKKANARI, ELATHUR AMSOM, MOKAVOOR DESOM, P.O. ERANHIKKAL, KOZHIKODE TALUK. 2. LAKSHMIKUTTY, D/O. VELAYUDHAN, KOYAKKANARI, ELATHUR AMSOM, MOKAVOOR DESOM, P.O. ERANHIKKAL, KOZHIKODE TALUK. 3. RAJENDRAN, S/O. VELAYUDHAN, AGED 36 YEARS, KOYAKKANARI, ELATHUR AMSOM, MOKAVOOR DESOM, P.O. ERANHIKKAL, KOZHIKODE TALUK. 4. SUNITHA, D/O. VELAYUDHAN, AGED 31 YEARS, KOYAKKANARI, ELATHUR AMSOM, MOKAVOOR DESOM, P.O. ERANHIKKAL, KOZHIKODE TALUK 5. MINI, D/O. VELAYUDHAN, AGED 26 YEARS, KOYAKKANARI, ELATHUR AMSOM, MOKAVOOR DESOM, P.O. ERANHIKKAL, KOZHIKODE TALUK 6. PRASAD, S/O. VELAYUDHAN, AGED 22 YEARS, KOYAKKANARI, ELATHUR AMSOM, MOKAVOOR DESOM, P.O. ERANHIKKAL, KOZHIKODE TALUK BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHISLDAR, LAND ACQUISITION N.H. NO.1, KOZHIKODE. BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 9 / 6 /2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.263 OF 2000 ------------------------ Dated this the 9th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal filed by the claimants against the judgment and decree of the Sub court, Kozhikode in L.A.R.No.301/1996. We find that the impugned judgment is a common judgment in other cases also. It is brought to our notice that this court, considering the appeal preferred by the other claimants, remanded the LAR back to the reference court. Sri.Sunny Mathew, learned counsel for the appellants placed before us the revised judgment passed by the reference court pursuant to that order. The above submission is not disputed seriously by the learned Government Pleader. 2. Under the above circumstances, we are of the view that there is justification for remanding the present case also back to the reference court. Accordingly, we set aside the impugned judgment and decree and remand the LAR back to the Subordinate Judge's court, Kozhikode. That court will afford L.A.A.No.263/2000 2 opportunity to both the parties to adduce further evidence to substantiate their contentions. Revised judgment will be passed pursuant to this judgment at the earliest and at any rate within six months of receiving a copy of this judgment. Refund full court fee paid on the appeal memo to Sri.Sunny Mathew, learned counsel for the appellants. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk L.A.A.No.263/2000 3 PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.263 OF 2000 ----------------------- JUDGMENT 9TH JUNE 2009