IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 LA.App..No. 342 of 2007() ------------------------- LAR.32/2004 of SUB COURT, KASARAGOD .................... APPELLANT: RESPONDENT --------------------- 1. THE SPECIAL TAHSILDAR, LAND ACQUISITION, RAILWAY, KASARGODE. 2. THE DISTRICT COLLECTOR, KASARAGODE, P.O.VIDYANAGAR. 3. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR. BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENTS: CLAIMANT --------------------- M.MUHAMMED KUNHI, MELPARAMBA, KALNAD VILLAGE. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.342 of 2007 & C.M.Appln.No.474/2007 ----------------------------------------- Dated this the 10th day of April, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.474/2007. This is a petition for condonation of delay of 268 days in filing the appeal. Delay condoned. 2. Since there is no appearance at the time of condonation of delay, it is not necessary to issue fresh notice. 3. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Kasaragod. The acquisition is for the purpose of doubling of railway line. It is seen that the reference court has placed reliance on L.A.R.No.87/2001 (Ext.A1). The appeal therefrom, L.A.A.No.1253/2005, has been allowed by this court remitting the matter for fresh consideration and it is submitted that the matter is now pending before the reference court. For parity of reasons we set aside the judgment and decree in L.A.R.No.32/2004 and the matter is remitted to the reference court for fresh L.A.A.No.342/2007 -:2:- consideration in the light of the directions contained in the judgment in L.A.A.No.1253/2005. The appeal is disposed of as above. I.A.No.1138/2007 is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.342 of 2007 & C.M.Appln.No.474/2007 ---------------------------- JUDGMENT 10th April, 2008