IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 LA.App..No. 1035 of 2003() -------------------------- LAR.73/1998 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. KARIVEEDAN MOHAMMED, S/O. KOMU, P.O. CHIRAYIL, KONDOTTY. 2. SMT. PATHEYI, W/O. MOHAMMED P.O. CHIRAYIL, KONDOTTY. 3. THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.LATHA THANKAPPAN FOR R3 SRI.BABU S. NAIR FOR R1 & R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.760/2003 IN L.A. NO. 1035/2003 DISMISSED 11.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 1035 of 2003 ---------------------------------- Dated this the 11th day of July , 2008 JUDGMENT This appeal is filed by the requisitioning authority against the award of the reference court in L.A.R. No.73/1998 on the files of the Sub Court, Manjeri. The prominent ground on which the appeal is filed is that as a requisitioning authority, the appellant had a right to participate in the trial before the reference court and also to be heard before the reference court takes a decision. The above ground is strong and has support of binding decisions of the Supreme Court and this court. Accepting that ground, I set aside the judgment and decree under appeal and remand the L.A.R. back to the subordinate court, Manjeri. The parties will appear before the Sub Court, Manjeri on 25.8.2008. Refund the full court fee paid on the appeal memorandum to the counsel for the appellant. PIUS C. KURIAKOSE JUDGE dpk PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 1035 of 2003 JUDGMENT 11TH JULY, 2008