IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 421 of 2009() ------------------------- LAR.176/2005 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S):/ RESPONDENT NO.2. ------------------------------ MANAGING DIRECTOR, KSIDC, REP.BY ASSISTANT GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S)/ CLAIMANTS AND R1 ------------------------------- 1. PALERI LEELA, W/O.LATE O.KUMARAN, AGED 64 YEARS, NO OCCUPATION, RESIDING AT LEELA SADANAM, P.O.MOORIYAD, VALIYAVELICHAM, PATTIAM AMSOM, MUTHIYANGA DESOM. 2. SUDHEER PALERI, S/O. -DO- , AGED 41 YEARS, RESIDING AT -D- -DO- 3. PALERI SEENA, D/O. -DO- AGED 37 YEARS, RESIDING AT -D- -DO- 4. PALERI SAJILA BANU, D/O. -DO- AGED 35 YEARS, RESIDING AT -D- -DO- 5. GOVT.OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.421 of 2009 ------------------------------------------------ Dated this the 22nd day of September, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Requisitioning Authority and the acquisition was of the property in Kuthuparamba Village for the purpose of widening the road leading to the requisitioning authority's Industrial Growth Centre at Valiavelicham. The Land Acquisition Officer awarded land value at the rate of Rs.2148/- per cent which was enhanced under the impugned judgment to Rs.20,000/- per cent. Though the claimants/respondents have been served with notice, they have not entered appearance before this Court. Our attention is drawn by Sri.Joby Cyriac, the counsel L. A. A. No.421 of 2009 -2- for the appellant to judgment of this Court in K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT 726) and the other judgments following the above judgment. We are of the view that for reasons stated in the judgment in K.S.I.D.C v. Vayalambron Krishnan (cited supra) the impugned judgment is liable to be interfered with. Accordingly, we set aside the impugned judgment and remand L.A.R.176/05 to the Subordinate Judge's Court, Thalassery. The appellant is directed to place a copy of the judgment in K.S.I.D.C v. Vayalambron Krishnan (cited supra) also before the Sub Court. The Sub Court will give opportunity to all parties to adduce further evidence, if they want to, and will pass the revised judgment on the basis of the entirety of the evidence which comes on record. Refund full court fee L. A. A. No.421 of 2009 -3- paid on the appeal memo to the appellant. This appeal is thus, allowed, by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-