IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 LA.App..No. 1278 of 2009(D) --------------------------------- LAR.117/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANTS: ---------------------------------- 1. VIJAYAKUMARY, D/O.JANAKI, LALY SADANAM, KIZHAKKUMKARA, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, THECHNOPARK, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1278 of 2009 ------------------------------------------------ Dated this the 8th day of June, 2010 JUDGMENT Pius C. Kuriakose, J The notice which was directly sent by this Court to the first respondent was returned with the endorsement that she is absent. Thereafter, as directed by us notice by registered post with acknowledgment due was sent to Advocate Sri.G.Radhakrishnan Nair who was appearing in the court below for the first respondent. The learned Government Pleader asserts that in compliance with that order notice was readily sent. There is no response even now. According to us, the appeal can be treated as ripe for hearing. L. A. A. No.1278 of 2009 -2- 2. This appeal is directed against the award of the Land Acquisition Reference Court in a case relating to acquisition of land in Attipra village for the purpose of Technology Park in Kazhakkuttam. The relevant Section 4(1) notification was published on 17/12/03. We had occasion to consider several other cases pertaining to acquisition for the same purpose pursuant to same notification. Under our common judgment dated 08/04/09 in L.A.A. Nos.1332, 1955 and 2478 of 2008 and other cases we set aside the judgment of the Reference Court and remanded the LAR cases back to the Reference Court giving opportunity to both sides to adduce evidence. For the reasons stated in that common judgment the impugned judgment is liable to be interfered with. L. A. A. No.1278 of 2009 -3- Hence, we set aside the impugned judgment and remand LAR.117/06 to the Second Additional Sub Court, Thiruvananthapuram. That court is directed to take a fresh decision after affording opportunities to all parties to adduce fresh evidence. While taking fresh decision, the court will have due regard to the observations of this Court in the common judgment dated 08/04/09 in LAA.1332/08 series. Either the Government or the Requisitioning Authority will make available a copy of that judgment for perusal by the learned Subordinate Judge. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-