IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 LA.App..No. 380 of 2010(D) -------------------------- LAR.351/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT 1 IN LAR --------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. R.BINDU RESPONDENT(S): CLAIMANT 1-2 & 2ND RESPONDENT IN LAR --------------------------------------------------- 1. RAVEENDRAN, S/O. SOMAN, TC 12/55, VISHNU NAGAR, KERALADITHYAPURAM, THIRUVANANTHAPURAM. 2. VALSALA KUMARI, D/O. PONNAMMA, TC 12/55, VISHNU NAGAR, KERALADITHYAPURAM, THIRUVANANTHAPURAM. 3. THE CHIEF EXECUTIVE ENGINEER, TECHNOLOGY PARK, KAZHAKKUTTOM, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 380 of 2010 ----------------------------------------------- Dated this the 14th day of June, 2010 J U D G M E N T Pius C.Kuriakose, J. We feel that service of notice on the respondents can be declared completed as the acknowledgment card pertaining to the registered letter which was sent to Advocate Sri.S.Williams is received back served. It is accordingly declared. 2. This appeal pertains to acquisition of land in Attipra Village for the purpose of Techno Park at Kazhakoottam pursuant to Section 4(1) notification published on 17-12- 2003. We notice our own judgment in LAA. No. 1332 of 2008 series. We find, under that common judgment we interfered with several judgments of the reference court and remitted the LARs to the reference court back giving opportunity to both sides to adduce fresh evidence directing passage of fresh judgment. For the reasons stated in the above common judgment, the judgment impugned in this LAA. 380/2010 -2- judgment is also to be set aside. Accordingly, we set aside the impugned judgment and decree and remand LAR. No. 351 of 2006 to the Subordinate Judge's Court, Trivandrum. That Court is directed to give opportunity to all parties to adduce evidence and take a fresh decision. While taking fresh decision that Court will have due regard to the observations of this Court in the common judgment dated 8- 4-2009 in LAA. No. 1332 of 2008 series. Either the Government or the requisitioning authority will make available a copy of the common judgment to the reference court. Reference Court is directed to pass revised judgment at the earliest, at any rate, within four months of receiving copy of this judgment. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-