IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 LA.App..No. 1274 of 2009() -------------------------- LAR.183/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) NH NO.I, KOZHIKODE. BY GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR RESPONDENT(S): CLAIMANT ----------------------- P.K.KUTTIRARAN, POYYERIKUNNATH, KUDILTHODU CHEVARAMBALAM POST, CHEVAYUR, KOZHIKODE TALUK. ADV. SRI.NIRMAL. S FOR ADDL R2 &5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.1274 OF 2009 ................................................................... Dated this the 3rd day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The award of the reference court is challenged by the Government in this appeal in various grounds. However, when the appeal came up for hearing before us today, the only point which was highlighted before us by Sri. C.R. Shyam Kumar - learned Senior Government Pleader was that the award has been passed in favour of a dead person. According to Sri. Shyam Kumar long before the Sub Judge passed the award, the claimant had passed away. If what the Senior Government Pleader submits is correct, the award under challenge is a nullity. We set aside the impugned judgment and decree and remand L.A.R.No.183/1998 to the Sub Court, Kozhikode. The learned Subordinate Judge will take a fresh decision on passing the award with notice to the Government Pleader of the court and the advocate who was appearing for the original claimant Sri. P.K. Kuttiraran. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl