IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 LA.App..No. 912 of 2009() ------------------------- LAR.215/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER R.BINDU RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ---------------------------------------- 1. PRASANNA MADHAVAN NAIR, T.C. 6/1613(3) GAYATHRI, VATTAMUKKU, THIRUMALA, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.M.RAJAGOPALAN NAIR FOR R2 SMT.M.HEMALATHA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 912 of 2009 ----------------------------------------------- Dated this the 11th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. It is brought to our notice that Ext.A3, which was relied on by the Reference Court, has been set aside by this Court by judgment in LAA. No. 1363 of 2008. We notice from the impugned judgment that it was relying mainly on A3 that the Reference Court granted the enhancement under the impugned judgment. Since A3 has been set aside, we are of the view that the impugned judgment is liable to be set aside. Accordingly, we set aside the impugned judgment and decree and remand LAR. No. 215 of 2005 to the Sub Court, Thiruvananthapuram. The learned Sub Judge is directed to take a fresh decision after affording opportunity to the parties to adduce whatever further evidence they want to. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/- -2-