IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 15099 of 2008(V) -------------------------- LAR.83/2005 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER: ------------ THRISSUR CORPORATION REPRESENTED BY SECRETARY , CORPORATION OFFICE, THRISSUR-1 BY ADV. SRI.K.B.MOHANDAS SRI.M.R.DHANIL SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS: ------------- 1. V.S. KUTTAN,S/O. VAZHAVALAPPIL SANKARAN KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 2. PARUKUTTY,D/O. VAZHAVALAPPIL SANKARAN KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 3. KOCHUMON,H/O.VAZHAVALAPPIL LATE THANKAMANI,D/O. VAZHAVALAPPIL SANKARAN KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 4. SAHADEVAN,S/O.KOCHUMON., KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 5. SAVITHRI,D/O..KOCHUMON., KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 6. SHANMUGHAN,S/O.KOCHUMON., KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. WP(C) 15099/2008 : 2 : 7. SHAJAN, S/O. KOZHUMON, KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 8. MALATHY,D/O.VAZHAVALAPPIL SANKARAN KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 9. SHEELA,D/O.VAZHAVALAPPIL SANKARAN KOVILAKATHUMPADAM DESOM, THRISSUR VILLAGE, THRISSUR TALUK. 10. THE SPECIAL TAHSILDAR,L.A., THRISSUR MUNICIPALITY 11. THE STATE OF KERALA REPRESENTED BY DIST COLLECTOR, THRISSUR. 12. THE DISTRICT TOURISM PROMOTION COUNCIL REPRESENTED BY ITS SECRETARY, THE DISTRICT COLLECTOR, THRISSUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.15099 of 2008 ------------------------------- Dated this the 22nd May, 2008. J U D G M E N T This is a petition filed under Article 227 of the Constitution of India challenging Ext.P7 order passed by Sub Court, Thrissur, in a reference case under the Land Acquisition Act. L.A.R.No.83/2005 was pending before Sub Court, as claimants have sought enhanced compensation than the compensation awarded. In that proceedings, petitioner filed an application to implead the District Sports Council as 4th respondent contending that under Ext.P4 Government Order, petitioner Municipality is liable only to the extent of Rs.6.5 lakhs of compensation and if any excess is to be paid, it is not to be paid by the Municipality, but by the Sports Council. The learned Sub Judge dismissed the petition holding that Sports Council is not a necessary party to the proceedings and it is only an arrangement between the Corporation and the Sports Council. 2. The argument of the learned counsel appearing for the petitioner is that if compensation in excess of Rs.6.5 lakhs is to be W.P.(C) No.15099/2008 2 awarded as provided under Ext.P4 order, it is not to be paid by the petitioner, and therefore, court below should have impleaded the Sports Council. Admittedly, Sports Council is not the requisitioning authority. In such circumstances, Sports Council is not a necessary party in the reference, as rightly found by the reference court. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.