IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 LA.App..No. 1886 of 2008() ------------------------------ LAR.116/2005 of PRL.S.C.,THALASSERY ....................................................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- THE GENERAL MANAGER, K.S.I.D.C THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT ---------------------------------------------------------- 1. THUNDIKANDY NANU, S/O. AMBU, PUTHIYA VEEDU, P.O. MOORIYAD. 2. GOVERNMENT OF KERALA, REP. BY THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI.C.P.PEETHAMBARAN FOR R1 SRI. C.P BENNY VARGHESE FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------ L.A.A. No. 1886 OF 2008 ------------------------------------------ Dated this the 1st day of December, 2009 JUDGMENT This is an appeal preferred against the award of the land acquisition Court Thalassery in L.A.R.116/2005. It relates to acquisition of an extent of 0.0095 hectares of land comprised in R.S.39/1 of Kuthuparamba Village. This was tried along with L.A.R.299/2005. By virtue of a judgment of mine today, I have remitted that case back to the Land Acquisition Court to consider the matter in the light of the decision reported in (2008 (4) KLT 726, K.S.I.D.C Vs. Vayalambra Krishnan). It is submitted that similar matters are remitted back to consider the cases in the light of the guidelines mentioned in the above decisions. I am inclined to remit this case also to the Trial Court. Therefore, the award under challenge is set aside and the matter is remitted back to the Land Acquisition Court with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and dispose of the matter in accordance with law. Parties are directed to appear before the L.A.A. No. 1886 OF 2008 2 Land Acquisition Court on 7.01.2010. Refund of full Court fee is ordered to be issued in the name of the counsel for the appellant. M.N.KRISHNAN, JUDGE SS