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 21ST JANUARY 2011 / 1ST MAGHA 1932 LA.App..No. 1565 of 2002() -------------------------- LAR.23/1999 of SUB COURT, NEDUMANGAD .................... APPELLANT(S): CLAIMANT: ----------------------- PONMUDI RUBBERS LIMITED, T.C.15/337-40 SREENIKETHAN, THYCAUD P.O., THIRUVANANTHAPURAM-14, REPRESENTED BY ITS MANAGING DIRECTOR SRI.J.CHANDRASENAN NAIR. (SHOWN IN THE IMPUGNED JUDGMENT AS M. GOPAKUMAR, MANAGING DIRECTOR, PONMUDI RUBBERS, PALODE). BY ADV. SRI.V.P.K.PANICKER SMT.SREELEKHA PUTHALATH SRI.SAJAN PHILIP MATHEW RESPONDENT(S): RESPONDENT: -------------------------- STATE OF KERALA REPRESENTED BY THE SPL.DEPUTY COLLECTOR (L.A), K.S.E.BOARD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2011, ALONG WITH LAA NO. 801 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos. 1565 OF 2002 & 801 OF 2003 ------------------------ Dated this the 21st day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Both the claimant as well as the Government are in appeal. Attractive grounds have been raised in both the appeal memoranda. But, we are not inclined to consider the merit of those grounds. We notice that acquisition was for the purpose of the Kerala State Electricity Board. It is trite by various decisions of this court and the Supreme Court including the judgment in Steel Authority of India Ltd. v. State of Kerala (1995 (2) KLT 683) that in enquiries under Section 18 the requisitioning authority should be given an opportunity to participate and plead for confirmation of the award of the LAO. 2. We are of the view that the court below committed a mistake in not issuing notice to the KSEB and thus enabling the KSEB to participate in the enquiry. On that reason alone we set aside the impugned judgment and decree and remand L.A.R. No. 23/1999 to the Reference Court. The Reference Court is L.A.A.Nos.1565/2002 & 801/03 2 directed to implead the KSEB as an additional party in the Reference and the court should afford opportunity to all parties including the KSEB to adduce whatever evidence they want to and will pass revised judgment on the basis of the entirety of the evidence which comes on record. Since the LAR is sufficiently old, the learned Subordinate Judge will ensure that fresh award is passed early and at any rate within four months of the the court receiving a copy of this judgment. We are not inclined to refund the full court fee remitted. The Registry will refund only 80% of the Court fee remitted on the appeal memorandum to the learned counsel for the appellant in L.A.A. No.1565/2002. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk L.A.A.Nos.1565/2002 & 801/03 3 PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos. 1565 OF 2002 & 801 OF 2003 ------------------------ JUDGMENT 21st January 2011