IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No.1317 of 2007(D) -------------------------------- LAR.13/1996 of SUB COURT,KOTTARAKKARA .................... APPELLANT(S): APPELLANT/REQUISITIONING AUTHORITY ---------------------------------------------------------------- THE SECRETARY, PUNALUR MUNICIPALITY, PUNALUR. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): CLAIMANTS A TO D & F TO I & RESPONDENT ---------------------------------------------------------------------- * 1. P.K.MUHAMMED KUNJU, PUTHEN BUNGLOW, PUNALUR. [DIED; RECORDED] 2. HAIRUNIZA, SAJEE MANZIL, PUNALUR. 3. MOHAMMED KHURUSHI, PUTHEN BUNGLOW, PUNALUR. 4. MOHAMMED BUKKARI, DO. DO. 5. MARIYAM BEEVI, DO. DO. 6. SAYED MUHAMMED SHAFI, DO. DO. 7. M.A.SALEENA BEEVI, DO. DO. 8. ALEENA BEEVI (MINOR), D/O.ANZARI, DO. REPRESENTED BY GUARDIAN M.A.SALEENA BEEVI LAA.1317/07 -2- 9. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. ADV. SRI.T.K.MARTHANDAN UNNITHAN FOR R2 & 3 SRI.V.JAYAKUMAR FOR R2 & 3 BY SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN *[IT IS RECORDED THAT RESPONDENTS 2 TO 7 ARE THE LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT VIDE ORDER DT.09/12/08 IN I.A.5073/08] THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1317 of 2007 ------------------------------------------------ Dated this the 4th day of November, 2009 JUDGMENT Pius C. Kuriakose, J It is not disputed before us either by the counsel for the appellant or by the counsel for the claimant that in connected matters the judgments under which the same rate of enhancement was granted by the Reference Court was interfered with and L.A.Rs were remanded to the Reference Court. It is also noticed that the appellant/Municipality/the Requisitioning Authority was not made a party to the proceedings before the lower court. Under the above circumstances, we are of the view that the judgment under appeal is liable to be interfered with. Accordingly, we set aside the judgment under appeal and remand L.A.R.13/96 to the Sub Court, L. A. A. No.1317 of 2007 -2- Kottarakkara. That court is directed to implead the appellant on application filed by the appellant within two weeks of the parties entering appearance pursuant to this order of remand and to take a fresh decision after affording opportunity to all the parties for adducing further evidence. The parties will appear before the court below on 30th November, 2009. Refund the full court fee already remitted on the appeal memo to Sri.Krishna Mani, the counsel for the appellant. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-