High Court Kerala High Court

The Airport Director vs Shri. Kotta Moosa on 14 January, 2009

Kerala High Court
The Airport Director vs Shri. Kotta Moosa on 14 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1051 of 2003()


1. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY
                      ...  Petitioner

                        Vs



1. SHRI. KOTTA MOOSA, S/O. VEERANKUTTY HAJI
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :14/01/2009

 O R D E R
                        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

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