IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 LA.App..No. 1020 of 2004(D) --------------------------- LAR.81/1997 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL.2ND RESPONDENT ---------------------------------- AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR RESPONDENT(S): CLAIMANT & 1ST RESPONDENT IN LAR ----------------------------------------------- 1. PUTHIYAKATH BEERANKUTTY, S/O. IBRAHIM, NADUKANDIYIL HOUSE, P.O.MELANGADI.(DIED) 2. THE DISTRICT COLLECTOR, MALAPPURAM. ADDL. RESPONDENTS: 3. PATHUMMAKUTTY, NADUKANDIYIL HOUSE, THIRURANGADI TALUK MALAPPURAM DISTRICT. 4. AMINAKKUTTY -DO- 5. MAYINKUTTY -DO- PRESENTLY RESIDING AT POST BOS. NO.114365, JEDDAH, KINGDOM OF SAUDI ARABIA. 6. NAFEESA NADUKANDIYIL HOUSE, THIRURANGADI TALUK, MALAPPURAM DISTRICT. 7. IBRAHIM KAREEM DO- PRESENTLY RESIDING AT POST BOX NO. 114365, JEDDAH KINDGOM OF SAUDI ARABIA. 8. KHADEJA, NADUKANDIYIL HOUSE, THIRURANGADI TALUK, MALAPPURAM DISTRICT. 9. MOYINKUTTY -DO- 10. MUSTHAFA -DO- 11. RASHEEDA -DO- 12. MUBEENA -DO- RESPONDENTS 5, 7 AND 9 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER 10TH RESPONDENT. ADDL. RESPONDENTS 3 TO 12 ARE IMPLEADED AS LR'S OF DECEASED FIRST RESPONDENT VIDE ORDER DT. 24-1-07 IN IA. 257/07 GOVERNMENT PLEADER SMT.P.N.SUMANGALA FOR R2 SRI.R.RAJESH KORMATH FOR ADDL.R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, ALONG WITH LAA.86/04 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SHRI. S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- L.A.A. NOS: 1020/04, 149/04, 243/04 320/04, 381/04, 447/04, 896/04, 13/07, 329/04, 383/04, 56/04, 86/04, 325/04, 318/04, 319/04, 999/04, 384/04, 115/05, 177/04, 104/04, 105/05, 351/04, 363/04, 121/04, 446/04, 382/04, 232/04, 148/04, 1460/07, 328/04, 142/04, 927/04, & 445/04 ------------------------------------------------------------- Dated this the 8th April, 2008. O R D E R Though many of the claimants were present on the previous occasion, counsel for some of the claimants are only present today. Learned senior counsel Shri. N.N.Sugunapalan representing the Airports Authority of India is also present. Learned senior counsel states that a settlement will be possible only if the claimants are prepared to agree for a reduction in the compensation awarded by the reference court. According to the learned senior counsel unless they are prepared to limit their claim something less than the claim awarded by the reference L.A.A.1020/04 etc. -2- court it will not be possible for the Air Ports Authority of India to come to a settlement. Learned counsel for the claimants states that the claimants are not agreeable for any reduction from the amount awarded by the reference court. As such, it appears that no settlement could be arrived at. Matters being so, the cases are returned to the court. SHRI. S. VENKITA SUBRAMANIA IYER SENIOR ADVOCATE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj