IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 LA.App..No. 1051 of 2003() ------------------------------------- LAR.77/1998 of SUB COURT, MANJERI .................... APPELLANT(S): 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 AIRPORT RESPONDENT(S): CLAIMANT AND RESPONDENTS: --------------------------- 1. SHRI. KOTTA MOOSA, S/O. VEERANKUTTY HAJI KONDOTTY. 2. THE DISTRICT COLLECTOR, MALAPPURAM. GOVERNMENT PLEADER FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.818/2003 IN LAA. NO.1051/2003 Dismissed 14.01.2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J ----------------------- L.A.A.No. 1051 OF 2003 --------------------------------- Dated this the 14th day of January, 2009 JUDGMENT This is an appeal preferred against the award of the Land Acquisition Court, Manjeri in L.A.R. 77/98. The Land Acquisition Court has awarded a compensation and it is against that decision the appeal is preferred by the Airport Director. 2. There were matters pending before the Division Bench of this court against the very same common award and L.A.A. 1052/03 was one filed against L.A.R. 66/98 of the Sub Court, Manjeri. The Division Bench held that the Requisition Authority was not made a party. Therefore the Division Bench set aside the judgment and decree in the case and remitted the matter with a direction to implead the Requisitioning Authority as an additional respondent and answer the reference. In this case also the present appellant is not a party before the Land Acquisition Court. Therefore as ordered by the Division Bench, the judgment and decree under challenge are set aside and the matter is remitted back to the Land Acquisition Court with a direction to implead the Requisitioning Authority as an additional respondent and for answering the L.A.A. 1051/03 -2- reference as expeditiously as possible. Parties are directed to appear before the lower court on 25.2.2009. The appellant is entitled to refund of full court fee and therefore it shall be refunded to it. M.N. KRISHNAN,JUDGE vkm