IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 LA.App..No. 1353 of 2007() -------------------------- LAR.19/2002 of SUB COURT, MANJERI .................... APPELLANT: SUPPL.2ND RESPONDENT(IMPLEADED AND AMENDED AS PER ------------------------------- ORDER IN I.A.1625/03 DT. 18.8.2003) THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, MALAPPURAM. BY ADV. SMT.AMBIKA DEVI, SC, KWA RESPONDENTS: CLAIMANT/RESPONDENT NO.1 ------------------------------------- 1. NUPIDIYAN PAKRUKOYA, S/O.KUNHALAN CHEVAYOOR DESOM, CHERUKAVU VILLAGE, PULIKKAL P.O. 2. THE DISTRICT COLLECTOR, MALAPPURAM. R2 BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.3358 OF 2007 IN LAA NO.1353 OF 2007 DISMISSED. 17.9.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1353 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th September, 2008 JUDGMENT This appeal has been remaining defective on the reason that the legal heirs of the 1st respondent-claimant have not been brought on record. In fact notice sent by this court to the 1st respondent was returned with the endorsement 'expired'. Learned counsel for the appellant would now submit on the basis of the written information furnished by the local Tahsildar that the 1st respondent had passed away as early as on 29.3.2005, i.e., some two years prior to the date of the impugned decree. Thus, it is obvious that the impugned decree has been passed in favour of a dead person. I dispose of the appeal directing the appellant to move the trial court itself for appropriate reliefs so that the decree presently passed in favour of a dead person can be got nullified and records of the case can be put straight. srd PIUS C.KURIAKOSE, JUDGE