Kerala High Court
State Of Kerala Rep.By The Special vs Kumari Varma on 10 December, 2009
Author: Pius C. Kuriakose
Bench: Pius C.Kuriakose, K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1185 of 2009()
1. STATE OF KERALA REP.BY THE SPECIAL
... Petitioner
Vs
1. KUMARI VARMA,D/O.LATE P.R.RAMA VARMA
... Respondent
2. T.G.GOPINATHAN,S/O.GOPAN,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :10/12/2009
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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LAA. No. 1185 of 2009
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Dated this the 10th day of December, 2009
J U D G M E N T
Pius C. Kuriakose, J.
The Standing Counsel for the Kerala State Electricity Board has been served with copy of the appeal memo. Mr. C.K. Karunakaran submitted that the ground raised in the appeal memo, that the requisitioning authority was not a party is correct. We notice that the requisitioning authority ought to have been made a party by the reference court in view of the judgment of this court in Steel Authority of India Ltd. v. State of Kerala, 1995(2) KLT 683. The requisitioning authority has not been made a party. For that reason the impugned judgment and decree will have to be set aside. Therefore we set aside the judgment and decree and remand LAR. No. 28/05 to the Sub Court, Payyannur. That court is directed to implead the Kerala State Electricity Board on an application for impleading to be filed by the
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KSEB before that Court within two months from today and to take a fresh decision in the LAR after affording opportunity to all parties including the KSEB to substantiate their contentions by adducing evidence.
PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-