IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 LA.App..No. 1479 of 2003(D) --------------------------- LAR.136/1997 of SUB COURT, MANJERI .................... APPELLANT(S): NOT PARTY IN L.A.R. --------------------------------- AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, CALICUT AIRPORT, P.O. CALICUT AIRPORT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): CLAIMANTS & RESPONDENT IN L.A.R. ----------------------------------------------- 1. CHINGOTH VASU, S/O.THANU P.O. CHIRAYIL, KONDOTTY. 2. SATHEERATHNAM, W/O.VASU, P.O.CHIRAYIL. 3. DISTRICT COLLECTOR, MALAPPURAM. ADV. SRI.BABU S. NAIR FOR R1-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.NO. 1479/2003 ORDER ON I.A. 2662/2003 IN L.A.A. 1479/2003 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 29.1.2009 //TRUE COPY// M.N. KRISHNAN, J ----------------------- L.A.A.No. 1479 OF 2003 --------------------------------- Dated this the 29th day of January, 2009 JUDGMENT This is an appeal preferred by the Airport Director against the award passed by the Subrodinate Judge, Manjeri in L.A.R. 136/97. The Airport Director was not made a party and the award has been passed. Since it is the requisitioning authority it is necessary to have them also on record. In a matter which dealt with the acquisition of the property for the same purpose L.A.R 66/98 was pending before the Subordinate Judge Manjeri. There also the requisitioning authority was not made a party. Therefore the said authority filed an appeal L.A.A. 1052/03 and a Division Bench of this court set aside the award passed by the court below and remanded that case to the reference court. The same has to be followed in this case as well and therefore I set aside the judgment and decree in L.A.R. 136/97 on the file of the subordinate Judge’s Court, Manjeri and remit the matter to the said court with a direction to implead requisitioning authority as additional respondent and answer the reference after its appearance before the court. Since the appeal is remanded the appellant is entitled to refund of full L.A.A.No. 1479/2003 -2- court fee and it shall be refunded to the appellant. The amount which is already deposited shall lie in court deposit till a final decision is taken in the matter. Parties are directed to appear before the Land Acquisition Court on 2.3.2009. M.N. KRISHNAN,JUDGE vkm