IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 LA.App..No. 194 of 2006() ------------------------- LAR.37/1988 of SUB COURT,THODUPUZHA .................... APPELLANT: 3RD PARTY: --------------------- THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: CLAIMANT/RESPONDENT: --------------------------------- * 1. ABRAHAM ABRAHAM, KULNGARA VEEDU, VALIYATHOVALA. (DIED) 2. STATE OF KERALA. *ADDL.R3 TO R8 IMPLEADED 3. MARIAMMA, W/O.ABRAHAM ABRAHAM, KULANGARA VEEDU, VALIYA THEVALA, PAMBADUMPARA. 4. ANNAMMA, D/O.ABRAHAM ABRAHAM, KULANGARA VEEDU, VALIYA THEVALA, PAMBADUMPARA. 5. ELSSY KUTTY, D/O.ABRAHAM ABRAHAM, KULANGARA VEEDU, VALIYA THEVALA, PAMBADUMPARA. 6. V.A.ABRAHAM, S/O.ABRAHAM ABRAHAM, KULANGARA VEEDU, VALIYA THEVALA, PAMBADUMPARA. 7. SUNNY ABRAHAM, S/O.ABRAHAM ABRAHAM, KULANGARA VEEDU, VALIYA THEVALA, PAMBADUMPARA. 8. SHERLY, D/O.ABRAHAM ABRAHAM, KULANGARA VEEDU, VALIYA THEVALA, PAMBADUMPARA. *ADDL.R3 TO R8 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED R1 AS PER THE ORDER DATED 28.5.08 IN I.A.NO.496/06. BY ADV. SRI.C.K.VIDYASAGAR FOR ADL.3-8 SRI.T.I.ABDUL SALAM FOR ADL.R3 TO 8 GOVT. PLEADER MR.BASANT BALAJI FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.496 OF 2006 IN LAA NO.194 OF 2006 DISMISSED 28.5.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.194 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th May, 2008 JUDGMENT Adv.Mr.T.I.Abdul Salam takes notice on behalf of the 1st respondent-claimant. Heard both sides. The prominent ground on which the appeal has been filed by the K.S.E.B., the requisitioning authority is that neither the awarding officer nor the reference court had given notice to the K.S.E.B. though they were the requisitioning authorities. The above ground is strong. However, I find that the enhancement granted by the reference court is nominal and the same is based on evidence which as adduced before the reference court. Under these circumstances, even I uphold the ground raised in the appeal, I am inclined to impose conditions. In the result, the judgment and decree under appeal will stand set aside and the appeal will stand remitted back to the reference court on condition that the K.S.E.B. deposits 50% of the decree debt as on today within six weeks from today before the reference court. Upon such deposit, the claimant will be permitted to withdraw the amount without prejudice to the contentions raised by the K.S.E.B. The K.S.E.B. upon making such deposit will be impleaded by the reference court as additional respondent in the LAR case and thereafter the court will post the LAR L.A.A.No.194/06 - 2 - case for filing objections by the K.S.E.B. All parties will be permitted to adduce whatever evidence at their command. Fresh trial and disposal pursuant to this remand order will be completed by the reference court at the earliest and at any rate within six months of parties entering appearance before the court below. The parties will appear before the court below on 2nd July, 2008. The Appeal is allowed as above. srd PIUS C.KURIAKOSE, JUDGE