IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 LA.App..No. 668 of 2009() ------------------------- LAR.67/2008 of SUB COURT, CHENGANNUR .................... APPELLANT(S): ADDL. B CLAIMANT ------------------------------ P.R.DEVADAS, PRESIDENT, KERALA VISWAKARMA SABHA, CHENGANNUR, (WRONGLY SHOWN AS KERALA VISWAKARMA MAHASABHA). BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.V.N.SASIDHARAN RESPONDENT(S): CLAIMANT/RESPONDENT ---------------------------------- 1. V.K.SHEKHARAN, AKHILA KERALA VISWAKARMA MAHASABHA, CHENGANNUR. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1 SRI.S.SUJIN FOR R1 GOVERNMENT PLEADER SRI. L.G.SURESH BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 668 of 2009 --------------------------------- Dated this the 25th day of August, 2011 JUDGMENT Pius C.Kuriakose ,J. Under challenge in this appeal preferred by the B claimant in LAR No.67/2008 on the files of the Subordinate Judge's Court, Chengannur is the judgment passed by the learned Subordinate Judge in a reference under section 30 of the Land Acquisition Act. Under the impugned judgment it is ordered that the entire compensation under deposit should be released to A party Sri.V.K.Sekharan, who is described as the President of the Akhila Kerala Viswakarma Mahasabha, Chengannur. B party, the appellant is one P.R.Devadas who claims the President of the Kerala Viswakarma Mahasabha, Chengannur. Several grounds have been rasised assailing the impugned judgment and we have heard Sri.A.N.Rajan Babu, learned counsel for the appellant and Sri.N.N.Sugunapalan, learned senior counsel for the contesting respondent. Eventhough several grounds have been raised and Sri.Rajan Babu addressed arguments based on all those grounds LAA.668/2009 2 he gave thrust to submissions based on ground B, which we quote as follows:- “ The appellant was not given reasonable opportunity to prove his case. The appellant was impleaded as Additional B claimant on 22.10.2008 and ordered to carry out amendment. Generally 14 days time is granted to carry out amendment. But before that on 22.10.2008 the evidence was closed and posted the case for judgment on 28.10.2008. This is illegal.” 2. The submission of Sri.Rajan Babu was that the appellant was impleaded as B party on 22.10.2008 and on the same day impleadment was carried out and even the enquiry in the case was completed. The impugned judgment has been passed without affording opportunity to the appellant/additional B claimant to raise claims and to substantiate those claims by adducing evidence. Learned counsel for the appellant submitted that under the award the entire amount is ordered to be released to A claimant. But later in a civil suit the appellant has been found to be the authorised President of the Sabha. Therefore the counsel requested that the impugned judgment be interfered LAA.668/2009 3 with and the LAR be sent back to the Sub Court,Chengannur giving opportunity to the appellant to raise claims and to substantiate the claims by adducing evidence. Sri.N.N.Sugunapalan, learned senior counsel for the respondent submitted that in case the court is inclined to remit the matter back, a time frame may be set. 3. Having anxiously considered the submissions at the bar we feel that there is justification for remitting the matter back to the reference court giving opportunity to the appellant to raise claims and to substantiate their claims by adducing evidence. Accordingly we allow this appeal setting aside the judgment and decree, and remand LAR No. 67/2008 to the Subordinate Judge's Court, Chengannur. The learned Subordinate Judge is directed to permit the appellant to file claim statement and once the claim statement is filed LAR will be posted for trial and an opportunity be given to the appellant for adducing evidence for substantiating their claim. If the appellant adduces evidence the respondent will also be permitted to adduce further evidence. The learned Subordinate Judge will pass a revised award on evaluating the evidence already on record and further evidence which comes on LAA.668/2009 4 record in pursuance of the remand order. We notice that the amount is lying in civil court deposit without carrying any interest to the parties. We direct the learned Subordinate Judge to transfer the amount under deposit to an account to be opened with a nationalised bank having branch at Changannur in the name of the court so that the amount will fetch interest also. The deposit shall be initially for a period of one year or six months to be renewed on the basis of the orders to be passed by the court. Parties will appear before the learned Sub Court on 26.9.2011. The learned Subordinate Judge will complete the enquiry and pass revised award within three months thereafter. Transmit the records forthwith to the Sub court, Chengannur. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.668/2009 5