IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 LA.App..No. 141 of 2004(A) -------------------------- LAR.87/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. ANANDA VALLY, NIGATHIL VEEDU, CHINGOLI. 2. RENJITH (MINOR), REPRESENTED BYU ANANDAVALLY, NIGATHIL VEEDU, CHINGOLI. 3. VALIL (MINOR), REPRESENTED BY ANANDAVALLY, NIGATHIL VEEDU, CHINGOLI. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. 2. ARUN LODGE, S/O. SRI.C.R. LODGE, DEPUTY GENERAL MANAGER, M/S. N.T.P.C. LTD. FOR KAYAMKULAM STPP. R1 BY SR. GOVT. PLEADER SMT. LATHA T.THANKAPPAN ADV. SRI.M.A.SHAFIK FOR R.2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. No. 141 of 2004 ----------------------------------------------- Dated this the 25th day of February, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimants are in appeal. The reference court refused to answer the reference to the extent the same pertains to A-claimant on the reason that the application for reference submitted by A-claimant under Section 18 was submitted beyond the period prescribed. Sri.S.Krishnamoorthy, learned counsel for the appellant would place before us the copy of the award notice dated 9- 8-1994 received by A-claimant. According to him, the award notice was received on 9-8-1994 and he made the reference application on 16-8-1994. We feel, in the light of what is submitted by Mr.Krishnamoorthy, the court below should be directed to reconsider the entire issues including the issue as to whether the reference was barred by limitation as against A-claimant. Under the above LAA. 141/04 -2- circumstance, we set aside the judgment and decree and remand LAR. No. 87 of 2002 to the Sub Court, Alappuzha. The learned Sub Judge will answer all issues including the issue as to whether the reference was barred as against A- claimant. The parties should be permitted to adduce whatever further evidence they want to and revised award should be passed on the basis of the evidence already on record and further evidence which comes on record. The parties will enter appearance before the court below on 16- 3-2011. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-