IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 LA.App..No. 698 of 2005(D) ------------------------------------- LAR.79/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 2ND RESPONDENT. ------------------------- NATIONAL THERMAL POWER CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER,(HR) KAYAMKULAM. BY ADV.MR.M.A.SHAFIK RESPONDENT(S): CLAIMANT AND IST RESPONDENT. ---------------------------- 1. PONNAMMA KRISHNA PILLAI, KOCHUMADATHIL, KIZHAKKUM MURI, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA, SPECIAL TAHSIDLAR, L.A. NO.III, S.T.P.S. HARIPPAD, IST RESPONDENT IN THE L.A.R. R1 BY MR.KRB.KAIMAL, SENIOR ADVOCATE R2 BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= L.A.A. No. 698 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of August, 2009 JUDGMENT PIUS C.KURIAKOSE, J. Having regard to the submissions made at the Bar, we are of the view that enhancement granted in the impugned judgment is slightly excessive. Sri.Shafik M.Abdulkhadir, the learned counsel for the appellant submits that if an opportunity is given to the requisitioning authority, they will be able to prove the correct market value of th property. The above request of the learned counsel for the appellant for an order of remand is not resisted by anybody. 2. We therefore set aside the impugned judgment and decree and remand the L.A.R. back to the Principal Sub Court, Alappuzha. That court will permit both sides to adduce evidence and pass revised judgment at the earliest at any rate within three months from today. Refund the court fee paid on the memorandum of appeal to the counsel for the appellant. PIUS C.KURIAKOSE, JUDGE. K.SURENDRA MOHAN, JUDGE. mn.