State of Kerala vs Rani Biju

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 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.