IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 LA.App..No. 1052 of 2003() -------------------------- LAR.66/1998 of SUB COURT, MANJERI .................... APPELLANT: NOT PARTY IN LAR ------------------ THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT P.O., CALICUT AIRPORT. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR RESPONDENTS/ CLAIMANT AND RESPONDENT ---------------------- 1. SHRI.CHAKKIPARAMBAN VEERANKUTTY S/O. MAMMEEDEESAKUTTY, P.O.CHIRAYIL, KONDOTTY. 2. THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER, SRI.K.V.MANOJ KUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.No.1052/2003 ORDER ON C.M.P.No.819/2003 IN L.A.A.No.1052/2003 DISMISSED. 13.3.2008 SD/- KURIAN JOSEPH, JUDGE. SD/- HARUN-UL-RASHID, JUDGE. //TRUE COPY// PA TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No. 1052 OF 2003 ----------------------------------------- Dated this the 13th day of March, 2008. J U D G M E N T Kurian Joseph, J. Despite service of notice there is no appearance. Therefore, delay is condoned. Since there is no appearance in the delay petition, it is not necessary to issue fresh notice to the respondents. The main ground taken in the appeal is that the requisitioning authority is not made a party before the reference court. Learned Government Pleader submits that judgment can be set aside and the matter can be remitted to the reference court. Accordingly, we set aside the judgment and decree in L.A.R.No.66/1998 on the file of the Sub Court, Manjeri and remit the matter to the said Court with a direction to implead the requisitioning authority as an additional respondent and answer the reference within a period of four months from the date of receipt of a copy of this judgment. Since the appeal is remanded and since the appellant is entitled to refund of the full court fee, the court fee already remitted shall be refunded. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE ps OP NO. 2 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 1052 OF 2003 J U D G M E N T 13.03.2008