IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2278 of 2008(D)
1. THE GENERAL MANAGER, K.S.I.D.C,
... Petitioner
Vs
1. K.P.JANARDHANAN, S/O.GOVINDAN,
... Respondent
2. K.P./DINESHAN, S/O.GOVINDAN,
3. THE SPECIAL TAHSILDAR, LA,
For Petitioner :SRI.D.KRISHNANKUTTY PILLAI
For Respondent :SRI.C.P.PEETHAMBARAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :19/01/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A. No.2278 of 2008
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Dated this the 19th day of January, 2010
J U D G M E N T
—————-
Pius C.Kuriakose,J.
Requisitioning authority is in appeal in this case
which pertains to acquisition of land in Kuthuparamba village
for the purpose of widening of Kuthuparamba-Valiyavelicham
road to appellant’s Industrial Growth Centre at
Valiyavelicham. Our attention is drawn to the judgment of
this court in L.A.A. Nos.1452/08, 1453/08, 1455/08 and also
to the judgments in L.A.A. Nos.1442/08, 1457/08 and
1574/08. It is seen that those judgments were in appeals in
respect of identical properties for which same rate of
enhancement had been granted by the reference court.
Under those judgments we set aside the decree and remand
the L.A.R. to the reference court giving liberty to both sides
to adduce evidence. In view of the decision taken in those
appeals we set aside the impugned judgment and remit
L.A.R.No.397/05 to Sub Court, Thalassery. Parties are given
liberty to adduce whatever evidence they have before that
L.A.A.2278/08
2
court. The Sub Court, Thalassery is directed to take a fresh
decision in the appeal on the basis of the entire evidence to
be adduced. Refund full court fee remitted on the appeal
memorandum to the counsel for the appellant.
2. It is submitted that 50% of the decree debt is
deposited before the court below. Not withstanding this
judgment we direct that the court below shall permit the
claimant/respondent to withdraw the amount under deposit
subject to the final outcome of the L.A.R. case.
PIUS C.KURIAKOSE, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb