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 16TH JUNE 2009 / 26TH JYAISHTA 1931 LA.App..No. 610 of 2009() ------------------------- LAR.422/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. O.B.SUNIL, BHARGAVI SADANAM, ATTIPRA, KAZHAKOOTTAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNO PARK KARIYAVATTOM, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.610 OF 2009 ------------------------ Dated this the 16th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Attipra village for the purpose of Techno park, at Kazhakuttom in Thiruvanantapuram District. Relevant section 4 (1) notification was published on 17/12/2003. The land acquisition officer awarded land value at the rate of Rs.18,747/- per Are. The reference court would refix the land value at Rs.1,22,280/- per Are. 2. Heard both sides. the learned senior Government Pleader Sri.Basant Balaji invites our attention to the judgment of this court in L.A.A. No.1332/2008 series dated 8/4/2009. It is seen that considering similar cases relating to the very same acquisition, this court set aside the award of the reference court and remanded the issue back to the reference court. For the reasons stated in that judgment, this judgment is also liable to be set aside. LAA NO.610/2009 .2. 3. Accordingly, allowing this appeal, we set aside the impugned judgment and decree and remand L.A.R. No.422/2005 to the IInd Addl. Sub court, Thiruvananthapuram. That court will afford opportunity to both sides to adduce further evidence to substantiate their contentions. Revised judgment determining the correct market value of the property will be passed by the learned Subordinate Judge at the earliest and at any rate within four months of receiving a copy of this judgment. Transmit a copy of the common judgment in L.A.A.Nos.1332/2008 series also to the court below, so that, that court can appreciate the reasons on the basis on which the remand is necessitated. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk