IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 LA.App..No. 807 of 2004() ------------------------- LAR.62/1997 of SUB COURT, MANJERI .................... APPELLANT(S)/NOT PARTY IN LAR: -------------- THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA, NATIONAL AIRPORTS DIVISION, CALICUT AIRPORT, CALICUT AIRPORT P.O. BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR RESPONDENT(S)/CLAIMANTS/1ST RESPONDENT: --------------- 1. KUNDUKADAVIL ABDUL JALEEL, P.O.MELANGADI, MALAPPURAM DIST. 2. KUNDUKADAVIL ASMA BEEVI, P.O. MELANGADI, MALAPPURAM DIST. 3. KUNDUKADAVIL ABDUL SHABEER, PO. MELANGADI, MALAPPURAM DIST. 4. KUNDUKADAVIL ABDUL ASFATH (MINOR) S/O.CHULLIYAN THAYUMMA, PO. MELANGADI, MALAPPURAM DIST., REP. BY LEGAL GUARDIAN KUNDUKADAVIL ABDUL SHUKUR. 5. THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 807 OF 2004 ------------------------ Dated this the 27th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. As directed by this court, a copy of the appeal memo has been duly served on the Advocate, who was appearing for the claimants before the reference court, showing the number of the appeal and posting date. Even today, there is no appearance for the respondents/claimants. Though several grounds have been raised and the learned counsel for the appellant addressed arguments on all those grounds, it is one ground which has more appeal to us. The appellant/requisitioning authority was not a party either to the award enquiry or to the proceedings before the reference court. The issue is covered by the various decisions including the judgment of this court in Steel Authority of India v. State of Kerala (1995 (2) KLT 683) . We , therefore, set aside the judgment and decree under appeal without examining the correctness of the market value determination done under the impugned judgment and remand the LAR to the Subordinate Judge's Court, Manjeri. That court is directed to LAA 807/2004 .2. allow the application filed by the appellant for fresh impleadment (provided such application is filed within three weeks of receiving a copy of this judgment) and implead the appellant as an additional party in the LAR case. Thereafter, the case will be posted for production of evidence by the parties. Revised judgment will be passed on the basis of the entire evidence which comes on record. Enquiry will be completed and revised judgment will be passed by the learned Sub Judge at the earliest and at any rate within five months of receiving a copy of this judgment. Refund the full court fee paid on the appeal memorandum to the appellant. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 807 OF 2004 ------------------------ JUDGMENT 27 th August , 2009