IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 LA.App.No.1550 of 2000 ------------------------------ LAR.119/1996 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANTS/ CLAIMANTS: ---------------- 1. V.A. GEORGE, VEERATH HOUSE, KOCHI - 18. 2. THRESSIA ANTONY, W/O. ANTONY, ALUVAPARAMBIL HOUSE, PUTHUVAIP, KOCHI TALUK. BY ADV. SRI.M.X.XAVIER SRI.ASHLY ANTONY RESPONDENTS/ RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 2. SPECIAL THAHSILDAR (LAND ACQUISITION), CORPORATION OF COCHIN, ERNAKULAM. GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2008, ALONG WITH LAA No.26/2001 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ L.A.A. No.1550 OF 2000 L.A.A. Nos.26, 27, 28, 39, 64, 65 & 98 OF 2001 ------------------------------------------ Dated this the 14th day of November, 2008. J U D G M E N T Kurian Joseph, J. The claimants are the appellants in these cases. They are aggrieved since, according to them, they have not been given the market value in respect of the acquired property. Acquisition is for the purpose of Ayyappankavu link road. 2. Learned Government Pleader submits that acquisition is as requested by the Corporation of Kochi and hence Corporation of Kochi is a necessary party. In view of the decision in Steel Authority of India Ltd. vs. State of Kerala (1995(2)KLT 683), we find force in the submission made by the learned Government Pleader. 3. Therefore, without going to the merits of the contentions taken by the appellants, we set aside the judgment and decree L.A.A. No.1550/00 & conn. cases 2 under appeal in these cases and remit the references to the reference court with a direction to the appellants-claimants to implead Corporation of Kochi as an additional respondent in the references. In view of the remand as above, the appellants shall be entitled to refund of the court fee. The parties will appear before the reference court on 01.12.2008 and steps shall be taken to implead the Corporation of Kochi as additional respondent within another two weeks. After impleading the Corporation of Kochi, reference court shall answer the references within another four months. These appeals are disposed of as above. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp L.A.A. No.1550/00 & conn. cases 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. No.1550 OF 2000 L.A.A. Nos.26, 27, 28, 39, 64, 65 & 98 OF 2001 J U D G M E N T 14.11.2008