IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 LA.App..No. 965 of 2009() ------------------------- LAR.261/1994 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. BY SENIOR GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ 1. KAVALAPPARA MOOPPIL NAIR, REP. BY SRI.E.P.RAMACHANDRAN, NEW RECEIVER, ADVOCATE, SUB COURT, OTTAPPALAM. 2. AMBALAVAN ABOOBACKER UNDER THE MANAGEMENT OF COURT RECEIVER, SRI.P.GOVINDANKUTTY, ADVOCATE, SUB COURT, OTTAPPALAM. 3. THE SECRETARY, REVATHY EDUCATIONAL SOCIETY, KINTERGARTEN-CUM-PREPARATORY SCHOOL, PANNIYANKARA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.965 of 2009 ---------------------------------- Dated this the 6th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. First respondent is already served and there is no appearance for him. Notice on the second and third respondents is yet to be returned after service. But we notice that the respondents 2 and 3 were non-contesting parties before the court below. We accordingly declare that service is completed on all respondents. It is brought to our notice by the learned Government Pleader that acquisition in question was for the purpose of Department of Posts and that the requisitioning authority was not made a party in the reference case. Having regard to the judgment of this court in Steel Authority of India v. State of Kerala (1995 (2) KLT 683) and various other judgments of the Hon'ble Supreme Court we are of the view that the requisitioning authority ought to have been impleaded as a party and given an opportunity to L.A.A.965/09-A 2 participate in the enquiry leading to determination of market value. On that reason we are inclined to set aside the judgment and decree of the reference court and remand the LAR back to the reference court. Accordingly we set aside the judgment and decree and remand the LAR.261/94 to the Sub Court. That court is directed to implead the Department of Posts on an application to be filed for that purpose by the Government and to issue notice to the Department and to take a fresh decision giving opportunity to all parties including the Department of Posts. Needful in compliance will be done by the learned Subordinate Judge at the earliest, at any rate within 4 (four) months of receipt of a copy of this judgment. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb