IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 LA.App..No. 232 of 2006() ------------------------- LAR.16/1988 of SUB COURT,THODUPUZHA .................... APPELLANT: 3RD PARTY -------------------- THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: CLAIMANT/RESPONDENT -------------------------------- 1. ALEYAMMA, D/O.MATHAI, KARAYAMPURATH, THOVALATHODU. 2. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVT. PLEADER MR.SHYSON P.MANGUZHA FOR R2 SRI.C.K.VIDYASAGAR FOR R1 SRI.P.CHANDY JOSEPH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.667 OF 2006 IN LAA NO.232 OF 2006 DISMISSED. 17.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.232 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th July, 2008 JUDGMENT This appeal is submitted by the requisitioning authority and the prominent ground raised is that the requisitioning authority which was a necessary party had not been made a party by the reference court and therefore the requisitioning authority was deprived of opportunity to participate in the trial before the reference court. The above ground is strong and upholding similar ground I have already allowed L.A.A.Nos.194/05 and 195/05. Following the same view, I set aside the judgment and decree under appeal and remand the LAR case to the learned Subordinate Judge's court, Thodupuzha. That court will allow application by the appellant for impleadment if such an application is filed before that court within one month of receiving copy of this judgment and thereafter will afford opportunity to the additionally impleaded party as well as to the parties already on the array of parties to adduce whatever further evidence they want to and pass revised judgment on the basis of the entire evidence on record. I am informed that pursuant to the interim orders passed by this court 50% of the amount due under the present decree has been deposited. The reference court will permit the 1st respondent- LAA No.232/06 - 2 - claimant to withdraw that amount. Such withdrawal will be subject to her liability to make refund in case the ultimate decision of the reference court is against the 1st respondent-claimant. Refund the full court fee paid on the appeal memorandum to the counsel for the appellant. The Appeal is allowed as above. srd PIUS C.KURIAKOSE, JUDGE