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. 823 of 2008() ------------------------- LAR.189/2001 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): 1ST RESPONDENT: ----------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. BY SR. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT & 2ND RESPONDENT: ----------------------------------------- 1. VELU, MALIYEKKAL (VELLISSERIL), NANGIARKULANGARA. 2. D.G.M. NTPC LTD., KAYAMKULAM. R1 BY ADV. SRI.S.KRISHNAMOORTHY 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. 823 of 2008 ----------------------------------------------- Dated this the 25th day of February, 2011 J U D G M E N T Pius C.Kuriakose, J. This appeal is coming up in the defect list. It is submitted both by the learned Govt. Pleader and by the learned counsel for the claimant that at the time when the impugned judgment was passed by the reference court the claimant was dead and gone. Mr. Krishnamoorthy, learned counsel for the claimant submitted further that the first respondent in the appeal also passed away recently. Under the above circumstance we are of the view that the impugned judgment cannot be sustained. Hence we set aside the impugned judgment and decree and remand LAR. No. 189 of 2001 to the Sub Court, Alappuzha for a fresh decision. It is open to the legal representatives of the deceased original claimant to seek their impleadment in the LAR. If application seeking such impleadment is received LAA. 823/08 -2- within a period of one month of the learned Sub Judge receiving copy of this judgment, the application will be allowed. The learned Subordinate Judge will pass revised judgment after affording opportunity to all parties including the requisitioning authority to adduce evidence. Mr. Krishnamoorthy submitted that a substantial amount (more than Rs.6 lakhs) is remaining under deposit with the court below. In view of the above submission, we direct the learned Subordinate Judge to transfer the above amount to an interest bearing account with any nationalized bank having a branch at Alappuzha, so that ultimately the eligible party will get interest also. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-