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 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 LA.App..No. 471 of 2010(C) ------------------------------------ LAR.355/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT NO.1 IN LAR: ------------------------------------------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S)/CLAIMANT & R2 IN LAR: ------------------------------------------------------------ 1. BIJU RAMESH, MANAGING DIRECTOR, CHOLA HOTEL (P)LTD,KOTTAKKAKOM, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARK,KARYAVATTOM, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2011 A/W LAA.532/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.471 & 532 of 2010 ------------------------------------------------ Dated this the 25th day of February, 2011 JUDGMENT Pius C. Kuriakose, J These appeals pertain to acquisition of land in Attipra village for the purpose of Electronic Technopark at Kazhakkoottam. The acquisition was pursuant to Section 4 (1) notification published on 17/12/03. We notice common judgment of this Court in L.A.A.1332/08 series. We are of the view that for the various reasons stated in that judgment, the judgment impugned in this appeal is liable to be interfered with. Hence, we set aside the judgment and decree and remand LAR.42/08 and LAR.365/06 to the II Additional Sub Court, Thiruvananthapuram. That court is directed to pass revised award after affording opportunities to all parties to adduce whatever further evidence they want L. A. A. Nos.471 & 532 of 2010 -2- to in support of their claim. While taking fresh decision, the Reference Court will have due regard to the observations of this Court in the common judgment in LAA.1332/08 series. Either the Government or the Requisitioning Authority will place a copy of the common judgment in LAA.1332/08 before the Learned Subordinate Judge. These appeals are thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-