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 20TH OCTOBER 2009 / 28TH ASWINA 1931 LA.App..No. 1222 of 2009() -------------------------- LAR.349/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): RESPONDENT NO.2 IN LAR ------------------------------------- 1. SHEEBA VINAYACHANDRAN, MADHAVI MANDIRAM, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARKS, KARIYAVATTOM, THIRUVANANTHAPURAM. SMT.M.HEMALATHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 1222 OF 2009 ------------------------ Dated this the 20th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. Smt.M.Hemalatha, learned counsel appearing for the claimant/respondent drew our attention to the judgment of this court in L.A.A. No.2319/2008 dated 5/12/2009 passed by this court at the admission stage and submitted that it is without noticing that judgment that this court interfered with Ext.A1 judgment which was relied on by the Reference Court under the impugned judgment. We are not impressed by the above submission. We notice the judgment dated 18/4/2009 passed by another Division Bench of this court, to which one of us (PCK (J))was a party, in L.A.A. No.1332/2008 and other connected matters. Under that judgment, we found that the enhancement granted in the cases covered by the judgment impugned therein, which were cases of acquisition of land for the same purpose LAA.No.1222/2009 2 pursuant to the same notification, was excessive. On that finding, we set aside the judgments impugned therein and remanded the LARs to the Reference Court for fresh decision. Following that judgment a good number of other cases pertaining to acquisition for the same purpose were also allowed by way of remand. 2. Following the reasons stated by this court in the judgment in L.A.A. No.1332/2008 and connected matters, the judgment impugned in this appeal is also liable to be set aside. Accordingly, we set aside the same and remand L.A.R. No.349/2005 to the IInd Additional Sub Court, Thiruvananthapuram. That court is directed to take fresh decision giving opportunity to all the parties to adduce whatever further evidence they want to in support of their rival contentions. The appellant/Government is directed to place a copy of the common judgment in L.A.A. No.1332/2008 series also before the learned Sub Judge. The learned Sub Judge will pass revised judgment at the earliest and at any rate within four months of the parties entering appearance pursuant to this order of remand. LAA.No.1222/2009 3 The parties will enter appearance before the Reference Court on 11/11/2009. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk