High Court Kerala High Court

State Of Kerala vs Rani Biju on 13 August, 2010

Kerala High Court
State Of Kerala vs Rani Biju on 13 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 493 of 2010()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. RANI BIJU
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.G.S.REGHUNATH

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :13/08/2010

 O R D E R
               PIUS C. KURIAKOSE &
              C. K. ABDUL REHIM, JJ.
    ------------------------------------------------
    L. A. A. Nos.852 of 2009 & 493 of 2010
    ------------------------------------------------
     Dated this the 13th day of August, 2010

                    JUDGMENT

Pius C. Kuriakose, J

These appeals by the Government pertains

to acquisition of land in Attipra village for the

purpose of Electronic Technopark at

Kazhakoottam in Trivandrum district pursuant to

Section 4(1) notification published on 17/12/03.

We notice our own judgment in L.A.A.1332/08

series. In view of the reasons stated in that

judgment, the impugned judgments and decrees

are liable to be interfered with. Hence, we set

aside the judgment and decree under appeal and

remand the LARs to the Second Additional Sub

Court, Trivandrum. That court is directed to take a

L. A. A. Nos.852 of 2009 & 493 of 2010 -2-

fresh decision in the matter keeping in mind the

observations contained in common judgment of

this Court in LAA.1332/08 series. All parties will

be permitted to adduce further evidence. Either

the Government or the Requisitioning Authority

will place a copy of the common judgment in

LAA.1332/08 series before the Reference Court.

The learned Subordinate Judge will pass revised

judgment on the basis of the entire evidence that

came on record. Parties will enter appearance

before the Reference Court on 16/09/10.

PIUS C. KURIAKOSE
JUDGE

C. K. ABDUL REHIM
JUDGE
kns/-