IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 134 of 2009()
1. MANAGING DIRECTOR, KSIDC
... Petitioner
Vs
1. MANHAMOARAMBATH AYISHABAI,
... Respondent
2. MUHAMMED ISHAC, S/O.LATE JAINABI,
3. MUHAMMED SIDDIQUE, S/O.LATE JAINABI, MAN
4. KADEEJABI, D/O.LATE JAINABE, S/O.LATE
5. STATE OF KERALA, REP. BY THE DISTRICT
For Petitioner :SRI.JOBY CYRIAC, SC, KSIDC
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :22/09/2009
O R D E R
LAA. 134/09
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PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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LAA. No. 134 of 2009
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Dated this the 22nd day of September, 2009
J U D G M E N T
Pius C. Kuriakose, J.
This is an appeal by the requisitioning authority and
under challenge is the enhancement of the market value of
the land under acquisition from Rs.6799/- to Rs.20,000/-.
The case pertains to acquisition of land in Kuthuparamba
Village for the purpose of widening of the road leading to
Industrial Growth Centre at Valiyavelicham. Our attention is
drawn by Mr. Joby Cyriac to the judgment of this Court in
KSIDC v. Vayalambron Krishnan, 2008(4) KLT 726. We are
of the view that in the light of that judgment the judgment
under appeal has to be set aside. Accordingly, we set aside
the judgment impugned under appeal and remand LAR. No.
78 of 2005 to the Sub Court Thalassery. The Sub Court is
LAA. 134/09
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directed to afford opportunity to all parties to adduce further
evidence if they want to. The Sub Court will pass a revised
judgment on the basis of the entirety of the evidence which
comes on record. Refund the court fee remitted on the
appeal memorandum to the appellant.
PIUS C.KURIAKOSE, JUDGE
K.SURENDRA MOHAN, JUDGE
ksv/-
