IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 LA.App..No. 678 of 2008(D) -------------------------- LAR.312/2000 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- SASIDHARAN NAIR, S/O.GOPALAN NAIR, ATTUPURATH , IRAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): RESPONDNENTS --------------------------- 1. STATE OF KERALA 2. MANAGING DIRECTOR, RUBBER PARK OF INDCIA (P) LTD, 6TH FLOOR, PENTA TOWERS, COCHIN-17. (ADDRESS OF THE RESPONDENTS ARE CORRECTED AS PER ORDER IN I.A.11/8/2008 DATED 11/8/2008) 1. STATE OF KERALA, REPRESENTED BY ITS DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, COLLECTORATE, KAKKANAD. 2. MANAGING DIRECTOR, RUBBER PARK OF INDIA PVT. LTD. VALAYANCHIRANGARA P.O. IRAPURAM VILLAGE, ERNAKULAM DISTRICT – 683 556. GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.M.PATHROSE MATTHAI (SR.) FOR R2 SRI.SAJI VARGHESE FOR R2 SMT.MARIAM MATHAI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. ------------------------ L.A.A.No.678 OF 2008 ------------------------ Dated this the 3rd day of February, 2009 JUDGMENT Pius C.Kuriakose, J. Having heard the submissions of Sri. Babu Joseph Kuruvathazha, learned counsel for the appellant and those of Sri.Basant Balaji, the learned senior Government Pleader appearing for the State and Sri.M.Pathrose Mathai, learned senior counsel for the requisitioning authority, we feel that the appellant should be afforded an opportunity to substantiate his claim for enhanced compensation before the reference court. Accordingly, we set aside the judgment under appeal and remand L.A.R. No.312/2000 to the files of the Principal Sub Judge, N.Paravur. That court will special list the L.A.R. for trial in the earliest available special list and dispose of the same in accordance with law giving opportunity to both sides to adduce whatever evidence they have at their command as early as possible. In view of the order of remand, we order further that the entire court fee remitted by the appellant on the memorandum of appeal be refunded to the learned counsel for L.A.A..No.678/2008 2 the appellant. The office is directed to Annexe true copy of the order passed in C.M.Appln. 771/2008 (delay petition) with this judgment. PIUS.C.KURIAKOSE,JUDGE M.C.HARI RANI, JUDGE dpk