IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 LA.App..No. 1711 of 2008() -------------------------- LAR.186/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): -------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR(LA), NH-1, KOZHIKODE. BY GOVERNMENT PLEADER SRI.C.R. SHYAM KUMAR RESPONDENT(S): --------------- K.K.DEVAYANI, W/O.ASOKAN, KOLAPURATHTHAZHAM, NELIKODE, KOZHIKODE. BY ADV. SRI. A.B. RAJEEV THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.1711 OF 2008 ................................................................... Dated this the 3rd day of December, 2011. JUDGMENT Pius C. Kuriakose, J. This appeal is preferred by the Government. Under challenge is award of the reference court passed pursuant to an order of remand passed by this Court in an appeal against an earlier award passed by the reference court. The scope of the remand order which was passed by this Court was very narrow. This Court directed the reference court to rectify the mistake of having awarded a sum of Rs.20,000/- which was actually due to the respondent in this appeal towards compensation for injurious affection but wrongly paid to the party in LAR.No.185/2000. This Court never directed the reference court to refix the market value of the land. This Court had practically confirmed refixation of the market value of the land at Rs.35,000/- as done by the earlier proceedings. Under impugned award, it is seen that the mistake which had been committed in the matter of payment of compensation for injurious affection is rectified, but another mistake of refixing the market value of the land at Rs.45,000/- per cent which is clearly beyond L.A.A.NO.1711 OF 2008 : 2 : the scope of the remand order is seen committed. When several endavours to serve notice on the respondent by ordinary post failed, we directed notice to be served on her through her counsel in the court below. Notice is so served. There is no resistance by the respondent. The appeal will stand allowed to the limited extent of revising the market value of the land from Rs.45,000/- per cent to Rs.35,000/- per cent. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl