IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 LA.App..No. 1424 of 2008 ----------------------------------- [LAR.NO.133/2003 OF SUB COURT, CHERTHALA] .................... APPELLANT/CLAIMANT: ----------------------------------- JAMES, AGED 56 YEARS, S/O.MATHEW,CHETTIKKATTUMURIYIL,PANNIVELIL, PALLIPPURAM, NOW RESIDING AT S.403,MATHEWS VILLA, SAHYADRI COLONY, CHANDRA NAGAR.P.O., PALAKKAD – 678 007. BY ADV. SRI.H.B.SHENOY. RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031. BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 1424 of 2008 --------------------------------- Dated this the 29th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Claimant is in appeal. The Land Acquisition Officer deposited the amount in the court for the reason that the appellant claimant did not produce the original of the title deed relating to the acquired property. Before the reference court the appellant produced a certified copy of the above title deed along with an affidavit. In the affidavit it was stated that the original of the title document is irretrievably lost to the appellant. It was also stated in the affidavit that the appellant had not deposited the original before any creditor for the purpose of creating equitable mortgage. Learned Subordinate Judge however was not convinced . According to the learned Subordinate Judge the non issuance of a public notice was fatal to the appellant's claim. 2. Smt.Lakshmi B.Shenoy,learned counsel for the petitioner Submitted before this court that the appellant be directed to facilitate publication of a notice in a daily newspaper regarding loss of the original of the title document and also LAA.1424/2008 2 regarding the pendency of the LAR case. We feel that this is a case where an opportunity be granted to the appellant. After all it was from the appellant's possession that the property was taken and the Government cannot have any claim over the property. Only the person having custody in any of the original documents can have claim over the property, probably as a mortgagee. Hence we are inclined to interfere and to give opportunity to the appellant. 3. The result of the above discussion is that the judgment and decree under appeal are set aside. LAR.No.133/0003 is remanded to the Subordinate Judge's court, Cherthala. That court is directed to permit the appellant/petitioner to issue publication through a daily newspaper having circulation at Cherthala regarding the loss of the original title document and also regarding the pendency of the Land Acquisition Reference. Once such publication is made the learned Subordinate Judge should rely on the oral evidence adduced by the appellant or duly constituted agent and proceed on the basis that the appellant's claim stands established. Parties will enter appearance before the Reference Court on 16.8.2011. Refund full court fee paid on the LAA.1424/2008 3 appeal memorandum to the counsel for the appellant. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.1424/2008 4