IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 LA.App..No. 368 of 2003(B) ------------------------------- LAR.272/1997 of ADDL.SUB COURT, N. PARAVUR .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANTS ------------------------ 1. MARY W/O. FRANCIS, ANJALIKKATTU, ELOOR THEKKUMBHAGAM MURI 2. CLEETUS S/O. DO. DO. 3. JOHNSON, S/O. DO. DO. 4. ALOTIOUS S/O. DO. DO. 5. SABEENA D/O. DO. DO. 6. SABETH D/O. DO. DO. 7. JESSY D/O. DO. DO. 8. MINI D/O. DO. DO. 9. SHINI D/O. DO. DO. 10. JONSON S/O. DO. DO. 11. SABU S/O. DO. DO. ADV. SRI.M.S.PATTALI FOR R1 TO R11 SRI.K.J.KURIACHAN FOR R1 TO R11 SRI.E.K.NANDAKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.368 of 2003 ------------------------------------------------ Dated this the 9th day of December, 2011 JUDGMENT Pius C. Kuriakose Even though several grounds have been raised by the Government assailing the compensation re-determined by the Reference Court, there is a short point on which we can decide this appeal. We notice that the Requisitioning Authority, FACT were not parties before the Reference Court. For that reason we set aside the judgment and decree under appeal and remand LAR.272/97 to the Subordinate Judge's Court, North Parur. The learned Subordinate Judge is directed to issue notice to the FACT, the Requisitioning Authority and to implead them as additional parties in the LAR. The learned Subordinate Judge will pass revised award after giving opportunity to the claimants, FACT and also to the Government for adducing whatever further evidence they want to. L. A. A. No.368 of 2003 -2- This appeal is thus, allowed by way of remand. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE