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 11TH AUGUST 2009 / 20TH SRAVANA 1931 LA.App..No. 409 of 2008() ------------------------- ( LAR.4/2001 of THE SUB COURT, OTTAPALAM ) .................... APPELLANT(S): APPELLANTS/RESPONDENTS: ------------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, LA(G) NO.1, PALAKKAD. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT/RESPONDENT IN THE LAR: ---------------------------------------------- ABDU, S/O.ALAVI @ KUNHAPPAN, ASARITHODI HOUSE, THRIKKADEERI, OTTAPALAM. ADV. SRI.SANTHEEP ANKARATH FOR R1 SRI.V.C.MADHAVANKUTTY FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.409 OF 2008 ------------------------ Dated this the 11th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the Government in respect of award of enhanced compensation by the Subordinate Judge's Court, Ottapalam in a case pertaining to acquisition of land for the purpose of construction of bus stand for Ottapalam Municipality. We had occasion to consider the same issue in L.A.A. No.597/2008. Under our judgment in that L.A.A., we set aside the judgment of the reference court and remanded the L.A.R in that case to the reference court setting time frame of four months for taking fresh decision. We had also ordered impleadment of the requisitioning authority i.e Ottapalam Municipality. This appeal raises the same issue and we have heard the submissions of Smt.Latha T.Thankappan, learned senior Government Pleader for the appellant and Sri.Santheep Ankarath, learned counsel for the claimant. 2. Having regard to the decision taken by us in L.A.A. No. 597/2008, we are inclined to allow this appeal also. Accordingly, LAA.No.409/2008 2 we set aside the judgment and decree under appeal and remand L.A.R. No.4/2001 to the Sub Court, Ottapalam. The Sub Court, Ottapalam is directed to implead the Ottapalam Municipality, the requisitioning authority, suo motu as additional respondent in LAR.No.4/2001. The Sub Court will consolidate L.A.R. No.4/2001 with that LAR which is subject matter of L.A.A. No.597/2008. It is gathered that the time limit set by our judgment in L.A.A. No.597/2008 is expiring shortly. However, in view of the present judgment, we extend the time limit for complying with the direction in L.A.A. No.597/2008 as well as for taking fresh decision in the present L.A.R.No.4/2001 (after affording opportunity to the parties to adduce evidence) till 31/10/2009. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk