IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 922 of 2009()
1. STATE OF KERALA, REPRESENTED BY
... Petitioner
Vs
1. MANIKANTAN NAIR, KOVILVILAKATHU VEEDU,
... Respondent
2. THE CHIEF EXECUTIVE OFFICER,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :06/01/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A. No.922 of 2009
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Dated this the 6th day of January, 2010
J U D G M E N T
—————-
Pius C.Kuriakose,J.
Government is in appeal. Property under
acquisition was in Attipra Village for the purpose
of Technopark at Kazhakootam. Relevant Section 4(1)
notification was published on 7.12.2003. Our
attention is drawn by the learned Government
Pleader to our own judgment in L.A.A.1332/2008
dt.8.4.2009. Following the judgment in
L.A.A.No.1332/2008 we are of the view that the
impugned judgment is liable to be set aside.
Accordingly we set aside the judgment and decree
and remand the LAR.No.351/05 to the IInd Additional
Sub Court, Thiruvananthapuram. That court is
directed to give opportunity to all parties to
adduce whatever evidence they want to and to pass
revised judgment. While taking fresh decision the
court below will provide due regard to the
observations made in L.A.A.No.1332/2008 and the
L.A.A.922/09
2
requisitioning authority is directed to place a
copy of the common judgment before the learned
Subordinate Judge. The learned Subordinate Judge
will complete the enquiry and pass revised judgment
at the earliest, at any rate within 4 (four) months
of the parties entering appearance. Parties will
enter appearance before court on 1.2.2010.
PIUS C.KURIAKOSE, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb