IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 366 of 2004() ------------------------- LAR.156/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS ----------------------- THACHNUNNUMMAL KARTHIYAYANI, PARATHOTTIL VEEDU, MUTTANNUR PO., PATTANNUR. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR (LA), THALASSERY. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2009, ALONG WITH LAA NO. 367 OF 2004 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ. ----------------------------------------------- LAA. No. 366, 367, 370 & 371 of 2004 ----------------------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T Pius C.Kuriakose, J. All these are appeals preferred by the claimants. Acquisition was at the behest of the Kerala Water Authority for the installation of water supply pipe line. We are not inclined to go into the merits of the case because we find that the requisitioning authority, the Kerala Water Authority was not made a party either before the reference court or even in these appeals. It is trite that requisitioning authorities are necessary parties to proceedings before the reference court and necessarily before the appellate court. Accordingly we set aside the impugned judgments and decrees on the reason of non-impleadment of the requisitioning authority and remand all the LARs. back to the reference court. The reference court will allow applications if any, to be filed by the appellants within one LAA. Nos. 366/04 etc. -2- month from today for impleadment of the concerned Executive Engineer of the Kerala Water Authority and issue notice to them. Thereafter, objections will be invited from the Water Authority also and the LARs. will be enquired into afresh giving opportunity to both sides to adduce further evidence. Once enquiry is completed the learned Subordinate Judge will pass revised judgments on the basis of the entire evidence coming on record. Appeals are allowed by way of remand. Refund full court fee paid on the appeal memorandum to the counsel for the appellants. Being old matters, the reference court will give priority to these LARs. in the matter of disposal. (PIUS C.KURIAKOSE, JUDGE) (P.Q.BARKATH ALI, JUDGE) ksv/- LAA. Nos. 366/04 etc. -3-