IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 LA.App..No. 1185 of 2009() -------------------------- LAR.28/2005 of SUB COURT, PAYYANNUR .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR(LA),RAILWAY,KANNUR. BY GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT & SUPPL.RESPONDENT NO:2 ----------------------------------------------- 1. KUMARI VARMA,D/O.LATE P.R.RAMA VARMA RAJA,ALAKKODE HOUSE,PO,ALAKKODE,KANNUR-670 571. 2. T.G.GOPINATHAN,S/O.GOPAN, THARAKKANARUPARAMBIL,PONKUNNAM,ALAKKODE AMSOM AND ARANGAM DESOM,P.O.ALAKKODE, TALIPARAMBA TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------ LAA. No. 1185 of 2009 ------------------------------------------- Dated this the 10th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. The Standing Counsel for the Kerala State Electricity Board has been served with copy of the appeal memo. Mr. C.K. Karunakaran submitted that the ground raised in the appeal memo, that the requisitioning authority was not a party is correct. We notice that the requisitioning authority ought to have been made a party by the reference court in view of the judgment of this court in Steel Authority of India Ltd. v. State of Kerala, 1995(2) KLT 683. The requisitioning authority has not been made a party. For that reason the impugned judgment and decree will have to be set aside. Therefore we set aside the judgment and decree and remand LAR. No. 28/05 to the Sub Court, Payyannur. That court is directed to implead the Kerala State Electricity Board on an application for impleading to be filed by the - 2 - KSEB before that Court within two months from today and to take a fresh decision in the LAR after affording opportunity to all parties including the KSEB to substantiate their contentions by adducing evidence. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-