IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 LA.App..No. 196 of 2006(D) -------------------------- LAR.23/1988 of SUB COURT,THODUPUZHA .................... APPELLANT: 3RD PARTY -------------------- THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: CLAIMANT --------------------- 1. THOMAS THOMAS, S/O.VARKEY THOMAS, PANDARAPATTATHIL, VALIYATHOVALA, UPPUKANDOM (VIA). 2. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVT.PLEADER SRI.BASANTH BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.498/2006 IN L.A.A. NO.196/2006 DISMISSED 31.7.2008 SD/- PIUS C.KURIAKOSE, JUDGEs /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A. NO. 196 of 2008 ---------------------------------- Dated this the 31st day of July , 2008 JUDGMENT It is submitted by the learned Standing Counsel for the Electricity Board that all the defects have been cured. Accepting the above submission, I have taken up the appeal for admission. 2. It is seen that the ground prominently raised in the appeal memorandum is that the appellant being requisitioning authority was entitled to notice and also to participate in the enquiry before the reference court. It was submitted that appeals raising identical grounds have already been allowed by this court by way of remand to the reference court. It is seen that the above ground raised by the appellant is strong. Therefore, I set aside the judgment and decree under appeal and remand L.A.R. No.23/1988 back to the reference court. If the appellant files an application before the reference court within three weeks of the reference court receiving copy of this remand order, that court will allow that application and thereafter repost L.A.A. No.196/2006 2 the L.A.R. for further enquiry. Opportunities will be given to all the parties including the appellant additionally impleaded for adducing evidence and revised judgment will be passed o the basis of the entire evidence which comes on record. This court by order dated 18.6.2007 in I.A. No.498/2006 became inclined to grant stay only on condition that 50% of the amount under decree is deposited within a period of six weeks. If the amount is seen deposited, the court below will permit the respondent to withdraw the amount subject to the respondent's liability to make adjustment/refund on the basis of the revised judgment to be passed in this case. Refund the full court fee paid on the appeal memorandum to the the learned standing counsel for the appellant. PIUS C. KURIAKOSE JUDGE dpk