IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 LA.App..No. 1002 of 2005(Y) --------------------------- LAR.414/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT: ---------------------- 1. THE SPECIAL TAHSILDAR, L.A., KOZHIKODE. 2. THE EXE.ENGINEER, MINOR IRRIGATION DIVISION, MALAPPURAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR RESPONDENTS: CLAIMANT: ---------------------- 1. E.V. MARIYAMMA, D/O. MAMMAD, OORAKADAVU EZHUVANCHALIL, CHERUPPE, MAVOOR, P.O. KAYALAM, KOZHIKODE TALUK. 2. E.V. MUHAMMED, S/O. MAMMAD, KOTHANGOTT PARAMBATH, P.O. KAYALAM, CHERUPPE, MAVOOR, KOZHIKODE TALUK. 3. E.V. ALIKOYA, S/O. MAMMAD, OORAKADAVU EZHUVANCHALIL, CHERUPPE, MAVOOR, P.O. KAYALAM, KOZHIKODE TALUK. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1002 of 2005 ----------------------------------------- Dated this the 22nd day of January, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.1407/2005: Heard. Delay condoned. 2. This is an appeal filed against the judgment and decree in L.A.R.No.414/2000 on the file of the Sub Court, Kozhikode. The acquisition is for the purpose of construction of regulator-cum-bridge at Kavanakkally. It is brought to our notice that the appeal filed against the relied on judgment has already been remanded to the reference court by judgment in L.A.A.No.1168/2000. For parity of reasons the judgment and decree in L.A.R.No.414/2000 are set aside and the matter is remitted to the reference court for fresh consideration in the light of the directions issued by this court in the judgment referred to above. The matter shall be disposed of within a period of six months from today. I.A.No.2667/2005 is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1002 of 2005 ---------------------------- JUDGMENT 22nd January, 2008