IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 LA.App..No. 195 of 2006() ------------------------- LAR.31/1988 of SUB COURT,THODUPUZHA .................... APPELLANT: 3RD PARTY -------------------- THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.C.K.KARUNAKARAN SC, KSEB RESPONDENTS: CLAIMANT/RESPONDENT -------------------------------- 1. DEVASSIA MATHAI, ARACKAL, VALIYATHOVALA, PAMPADUM PARA. 2. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI. 3. ELIYAMMA, W/O. DEVASSIA MATHAI ARACKAL VEEDU, PABADUMPARA. 4. DEVASSIA, S/O. DEVASIA MATHAI, ARACKAL VEEDU, PABADUMPARA. 5. SISTR.ELSA D/O. DEVASIA MATHAI, ARACKAL VEEDU, PABADUMPARA. 6. JOSEPH, S/O. DEVASIA MATHAI, ARACKAL VEEDU, PABADUMPARA. 7. PHILOMINA D/O. DEVASIA MATHAI, ARACKAL VEEDU, PABADUMPARA. 8. LISSAMMA, D/O. DEVASIA MATHAI, ARACKAL VEEDU, PABADUMPARA. 9. ACHAMMA, D/O. DEVASIA MATHAI, ARACKAL VEEDU, PABADUMPARA 10. SISTR. PAULI, D/O. DEVASIA JOSEPH, ARACKAL VEEDU, PABADUMPARA 9. SOPHIAMMA, D/O. DEVASIA MATHAI ARACKAL VEEDU, PABADUMPARA. (RESPONDENTS 3 TO 11 ARE IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER IN I.A. 3749/2007 dated 23.6.2008) BY GOVERNMENT PLEADER SRI.BASANTH BALAJI FOR R2 T.I.ABDUL SALAM(NO MEMO) FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 195 of 2006 ---------------------------------- Dated this the 23rd day of June , 2008 JUDGMENT The prominent ground on which this appeal is filed is that the appellant - Kerala State Electricity Board, being the requisitioning authority, was a necessary party to the proceedings before the reference court and that it is without issuing notice to the appellant that the reference court tried the reference case and decided to grant enhancement to the claimants/respondents. 2. The above ground is well founded and I am inclined to set aside the judgment and decree and allow the appeal on that ground. However, I am inclined to do so only by imposing conditions. Accordingly, I direct the respondent/appellant to deposit of 50% of the decree debt due as per the impugned decree within three months from today before the Execution Court. On that condition I set aside the judgment and decree and remand L.A.R. 31/1988 back to the subordinate judge's court, Thodupuzha. That court will post the case for evidence and allow application to be filed by the appellant seeking their impleadment as additional parties in the L.A.R. Case. Fresh trial will be conducted by the court giving opportunity to all the parties to L.A.A.No.195/2006 2 adduce additional evidence and on the basis of such evidence and the evidence already on record, the court will pass revised judgment. As regards the amounts to be deposited pursuant to this order of remand, it is made clear that the respondents will be entitled to withdraw the amount subject to the revised judgment to be passed by the subordinate Judge's Court, Thodupuzha. Refund the full court fee paid on the appeal memorandum to the counsel for the appellant. PIUS C. KURIAKOSE JUDGE dpk