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 12TH JULY 2011 / 21ST ASHADHA 1933 LA.App..No. 677 of 2010(D) --------------------------------------- LAR.28/2004 OF SUB COURT, ATTINGAL .................... APPELLANT/RESPONDENT ---------------------------------------- STATE OF KERALA. BY GOVT. PLEADER SMT.C.M. CHARISMA. RESPONDENT/CLAIMANT-R2 IN LAR ------------------------------------------------------ *1. SUDHAKARAN, S/O.KESAVAN, MELATHIL VEEDU, MUNDAYIL, VARKALA. *(DIED) 2. THE SECRETARY, VARKALA MUNICIPALITY. * ADDL. R3 TO R6 IMPLEADED ADDL. R3: SMT.SWAYAM PRABHA, W/O.SUDHAKARAN, MELATHIL VEEDU, MUNDAYIL, VARKALA P.O. ADDL. R4: SRI.SUJI S., S/O.SUDHAKARAN, MELATHIL VEEDU, NEAR POST OFFICE, KADAKKAVOOR P.O. ADDL. R5: SRI.SAJEENDRAN S., S/O.SUDHAKARAN, MELATHIL VEEDU, MUNDAYIL, VARKALA P.O. ADDL. R6: SUMA S., D/O.SUDHAKARAN, HIMAN, MUNDAYIL, VARKALA P.O. * ADDL. R3 TO R6 ARE IMPLEADED AS LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 12/07/2011 IN I.A.1973/2011 R2 BY ADV. SRI.J.S.AJITHKUMAR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.677 of 2010 ------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Sri.T.K.Sajeev, learned counsel for the petitioner draws our attention to the judgment of this Court in L.A.A.No.505 of 2009. The above L.A.A. pertains to an award similar to the impugned award and relates to acquisition of land in Varkala for the construction of Varkala private bus stand. We are of the view that for the various reasons stated in that judgment, the judgment impugned is liable to be interfered with. We set aside the decree and judgment in the appeal and remand L.A.R.No.28 of 2004 to the Sub Court, Attingal, for a fresh decision. Learned Sub Judge will afford opportunity to all parties to adduce whatever further evidence they want to and will pass a revised award on the basis of evidence already available on record and further evidence adduce in the case. While passing revised award, 2 L.A.A.No.677 of 2010 the learned Sub Judge should have due regard to the observations of this Court in the judgment in L.A.A.No.505 of 2009. 2. However, we clarify that this judgment remitting the matter back to the Sub Court will become operative only if the requisitioning authority, the Varkala Municipality, facilitates deposit of 30% of the total decree due under the impugned award before the reference court within three months from today. If such deposit is made, the claimant can withdraw the same without offering security. If deposit is not made, the impugned award will stand confirmed and this appeal will stand dismissed. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/