IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 LA.App..No. 684 of 2006() ------------------------- LAR.42/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT: CLAIMANTS -------------------- 1. MATTUMMAL KARUVATH PUSHPA MUKUNDAN, W/O.K.V.MUKUNDAN, 53 YEARS, 'ANUGRAHA', P.O.THANA, V.P.WARD, KANNUR I VILLAGE, KANNUR TALUK, KANNUR-12. 2. MINI MUKUNDAN, 32 YEARS, D/O.K.V.MUKUNDAN, RESIDING IN 'ANUGRAHA', P.O.THANA, V.P.WARD, KANNUR I VILLAGE, KANNUR TALUK, KANNUR-12. 3. NISHA MUKUNDAN, 32 YEARS, D/O.K.V.MUKUNDAN, RESIDING IN 'ANUGRAHA', P.O.THANA, V.P.WARD, KANNUR I VILLAGE, KANNUR TALUK, KANNUR-12. 4. VINESH MUKUNDAN, 27 YEARS, S/O.K.V.MUKUNDAN, RESIDING IN 'ANUGRAHA', P.O.THANA, V.P.WARD, KANNUR I VILLAGE, KANNUR TALUK, KANNUR-12. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: CLAIMANT --------------------- GOVERNMENT OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A.4039/2006 IN L.A.A. 684/2006 DISMISSED 17.6.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NO. 684 of 2006 ---------------------------------- Dated this the 17th day of June , 2008 JUDGMENT The claimants A to D have come up in appeal against the judgment and decree of the reference court in a reference under Section 30 of the Land Acquisition Act. The acquisition related to 0.09295 hectars of land for the purpose of doubling of the railway track from Mahe to Payyannur and the total compensation was determined by the Land Acquisition Officer as Rs.1,21,063/- on the reason that the claimants did not have absolute title over the property, the amount was deposited in court. The title document relied on by the appellants reveals that there are having only kughikanam right over the property. It is on that basis the entire compensation amount was deposited before the reference court and the reference was sent by the Land Acquisition Officer under Section 30 of the Act. the learned Subordinate Judge in the impugned judgment has apportioned the total compensation under deposit in the ratio of Rs.86,937/- : 34,126/- between the appellants and the Government. The learned Subordinate Judge noticed that even as per Ext.A1 document the L.A.A. No.684/2006 2 jenmam right over the property was vested with the Arrakkal Kovilakam and that the appellants had not produced any certificate of purchase issued in their favour by the concerned land tribunal assigning Jenmam rights to them. 2. Heard the submissions of Sri. M.V.Amresan, the learned counsel for the appellants and those of Smt.Latha Thankappan, the learned Government Pleader. Having considered their submissions and having gone through the judgment, it is seen that the learned Subordinate Judge has not entered any finding as to what was the contract rent payable by the appellants cultivating tenants to the Jenmi Arakkal Kovilakkam. It is thus not clear from the judgment as to how the proportionate amounts due to the Jenmi/Government in support of the Jenmi right was determined. I am of the view that on the facts of this case it would have been appropriate that if the learned subordinate judge had directed the impleadment of the jenmi family in the reference so that the said family could also enter appearance and raise their claims. Accordingly, I set aside the judgment and decree under appeal and remand the L.A.R. No.42/2001 back to the reference court. The reference court will implead the Jenmi family as additional party to the reference and issue notice to them. Thereafter, enquriry will be L.A.A. No.684/2006 3 conducted and fresh decision be taken. In the fresh decision to be taken, necessary findings will be entered as to the contract rent. Fresh judgment should disclose the manner in which the value payable to the jenmi has been determined. It is open to the appellants to take advantage of any Government Order which has done away with their liability to pay any amount on account of assignment of Jenmam rights. The parties will enter appearance before the reference court on 25.7.2008. However, the reference court is directed to release a sum of Rs.86,937/- found to be due to the appellants under the judgment under appeal to the appellants immediately, if the same is not already released. PIUS C. KURIAKOSE JUDGE dpk