IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 LA.A..No. 860 of 2007(D) AGAINST THE JUDGMENT AND DECREE DATED 31.7.2006 IN LAR.NO.65 OF 2002 OF ADDITIONAL SUB COURT, NORTH PARAVUR APPELLANTS: CLAIMANTS C TO I IN LAR (A) VARKEY PILLAI (DIED) LRS IMPLEADED 1. OMANA, W/O.VARKEY PILLAI, VAYALIPARAMBIL PYNADATH, NEDUMBASSERY. 2. SANI VARGHESE, D/O.VARKEY PILLAI, W/O.PHILIP KURUVILA, THEKKATHALACKAL, PUTHANANGADI, KOTTAYAM. 3. BASIL, D/O.VARKEY PILLAI, THEKKATHALACKAL, NEDUMBASSERY, ATHANI P.O. 4. MABY, W/O.JOBE, CHANGANATT PUZHIYIL, MANEED P.O., PIRAVOM. 5. SONY, W/O.GEORGE, AREECKAL PYNADATH, MEKKAD P.O., NEDUMBASSERY, KARIYAD. 6. DECAN GEORGE, S/O.VARKEY PILLAI, VAYALIPARAMBIL PYNADATH, NEDUMBASSERY, ATHANI P.O. 7. JULY, D/O.VARKEY PILLAI, VAYALIPARAMBIL PYNADATH, NEDUMBASSERY, ATHANI P.O., REP. BY GUARDIAN MOTHER, OMANA. BY ADV. SRI.ROY CHACKO RESPONDENTS: RESPONDENTS AND B CLAIMANT IN LAR 1. STATE OF KERALA. 2. KOCHI INTERNATIONAL AIRPORT SOCIETY REPRESENTED BY ITS MANAGING DIRECTOR, NEDUMBASSERY, ERNAKULAM DIST. 3. MARYKUTTY, D/O.KOCHU MATHEW, VAYALIPARAMBIL PYNADATH, NEDUMBASSERY. (DELETED) NAME OF THE THIRD RESPONDENT DELETED FROM PARTY ARRAY AT THE RISK OF THE PETITIONERS VIDE ORDER DATED 6.8.2008 IN I.A.NO.3004 OF 2008. R2 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA R1 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANSAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A. NO. 860 OF 2007 D ------------------------------------------------------------- Dated this the 17th September, 2008 JUDGMENT Kurian Joseph, J. This is an appeal filed by the claimants in L.A.R.No.65 of 2002, on the file of the Sub Court, North Paravur. The acquisition is for the Kochi International Airport. Standing Counsel for the Kochi International Airport submits that all connected matters are now pending before the Reference Court pursuant to the remand made by this Court. Therefore, we set aside the judgment and decree in this case and remit the matter to the Reference Court, with liberty to the parties to adduce fresh evidence. In view of the remand as above, the appellants are entitled to refund of the court fee. The parties will appear before the Reference Court on 22.10.2008. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/