IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 LA.App..No. 901 of 2005() ------------------------- LAR.4/1998 of SUB COURT, MANJERI .................... APPELLANT: NOT PARTY IN THE LAR: ----------------------------------- AIR PORT DIRECTOR, ASIRPORTS AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENT(S): --------------- 1. PALASSERY BIYYAKUTTY, D/O. AVARANKUTTY MOLLA, P.O. MELANGADI, KONDOTTY, MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.No.901 of 2005 ----------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Kurian Joseph,J. Since there is no appearance for the respondent in the petition for condonation of delay we do not think that fresh notice need be issued to the respondent. 2. The appeal is filed against the judgment and decree in L.A.R.No.4/1998 on the file of the Sub Court, Manjeri. The acquisition is for the purpose of Calicut Air Port. The requisitioning authority is the appellant. The main ground taken is that the requisitioning authority was not afforded an opportunity before the reference court. Being a settled position we set aside the judgment and decree in L.A.R.No.4/1998 on the file of the Sub Court, Manjeri. The appellant herein will stand impleaded as the additional respondent in the reference. The reference court shall answer the reference after affording an opportunity to the requisitioning authority (the additional respondent) within a period of four months from the date of L.A.A.No.901 of 2005 -:2:- receipt of a copy of this judgment. In view of the remand as above, the appellant will be entitled to refund of the court fee already paid. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.No.901 of 2005 ---------------------------- JUDGMENT 4th December 2008