IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 LA.App..No. 1165 of 2010() ------------------------- LAR.411/2008 of III ADDL.SUB COURT, ERNAKULAM ................. APPELLANT / CLAIMANT : --------------------------------------- M/S.PALU BROTHERS, KALAMASSERY, ALUVA. BY ADV. SRI. T.R.S. KUMAR RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR. 2. THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, ERNAKULAM. R1 BY SR. GOVT. PLEADER SMT. LATHA T. THANKAPPAN R2 BY ADVS. E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.THUSHARA JAMES BY ADV. SRI.THOMAS ANTONY, SC, NHAI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2011, ALONG WITH LAA NO. 1167 OF 2010 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.1165, 1167, 1319 of 2010 and 235 of 2011 ---------------------------------------------------- Dated this the 8th day of June, 2011 Judgment Pius C.Kuriakose, J. We have today decided L.A.A.Nos.1233 & 1234 of 2010. For the reasons stated in that judgment, we set aside the impugned judgments and decrees in these appeals and the L.A.Rs. are remanded to the reference court. The reference court will implead the National Highways Authority of India represented by its Project Director, 2B, Rak Tower, Edappally, Kochi-24 as an additional respondent in the LARs. Revised judgment will be passed by the reference court at the earliest after affording opportunity to all parties including the National Highways Authority of India. The parties will appear before the court below on 30th June, 2011. We direct the Registry to refund 90% of the court fee remitted in LAA No.235 of 2011 and 50% of the court fee remitted in LAA Nos.1165, 1167 and 1319 of 2010. The appeals are allowed as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd 2 3