IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 879 of 2010(D) -------------------------- LAR.320/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------- 1. LALY.R., D/O. RAJAMMA, SREENILAYAM, PUTHENCHANTHA, PAZHAVANGHADI, THIRUVANANTHAPURAM PIN-695612. 2. THE MANAGING DIRECTOR, TRIADS, THIRUVANANTHAPURAM-695010. ADV. SMT.M.HEMALATHA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 879 OF 2010 ------------------------ Dated this the 14th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Even though the learned counsel for the first respondent sought for time, we are not inclined to grant time. It is brought to our notice that Ext.A2 judgment, which alone was relied on by the court below for granting enhancement under the impugned judgment, is already set aside by this court in L.A.A. No.167/2009 and the case was remanded for reconsideration by the Reference Court. Since Ext.A2 has been set aside and remanded, there is every reason for interfering with the impugned judgment, we set aside the impugned judgment and decree and remand L.A.R. No.320/2007 to the IInd Additional Subordinate Court, Thiruvananthapuram for a fresh decision. That Court will permit both sides to adduce whatever further evidence they want to. Fresh decision will be taken on the basis of the evidence already on record and further evidence LAA.No.879/2010 2 which may comes to be on record. 2. Needful in compliance with the above directions will be done by the learned Subordinate Judge early and at any rate within four months of the parties entering appearance pursuant to this order. The parties will enter appearance before the court below on 18/2/2011. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk