IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 19034 of 2009(Y) --------------------------------------- (LAR. NO. 67/2008 OF III ADDL.SUB COURT, ERNAKULAM) .................... PETITIONER/ CLAIMANT NO.1: -------------------------------------------- PIOUS @ PIYUS AGED 48 YEARS, S/O. LATE OUSEPH @ JOSEPH, KADAMPARAMBIL HOUSE, MOOLAMPILLY, KADAMAKKUDY VILLAGE. BY ADVS. MR.T.I.DANIEL, SMT.K.DEEPA (PAYYANUR). RESPONDENTS/ RESPONDENT AND CLAIMANTS 2 TO 5: ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA) ICTT, VALLARPADAM, ELOOR. 2. SUBHADRA, W/O. PARAMESWARAN, THITTAYIL HOUSE, MOOLAMPILLY. 3. DEEPAKUMAR, D/O. PARAMESWARAN, THITTAYIL HOUSE, MOOLAMPILLY. 4. DILEEP, S/O. PARAMESWARAN, THITTAYIL HOUSE, MOOLAMPILLY. 5. DEEPTHI, D/O. PARAMESWARAN, THITTAYIL HOUSE, MOOLAMPILLY. R1 BY GOVT. PLEADER MR. MANU.V, R3 BY ADV. MR.T.N.SURESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19034/2009-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AWARD NO. 89/07 DTD. 23/10/07. EXT.P.2: COPY OF THE REFERENCE LETTER SUBMITTED BY THE R.1. TO THE PRINCIPAL SUB COURT, ERNAKULAM. EXT.P.3: COPY OF THE RECEIPT ISSUED BY THE R.1. TO THE PETITIONER DTD. 24/10/07. EXT.P.4: COPY OF THE ADDITIONAL PROOF AFFIDAVIT DTD. 19/12/08. EXT.P.4.A: COPY OF THE PETITION TO ACCEPT ADDITIONAL DOCUMENTS DTD. 19/12/08. EXT.P.5: COPY OF THE ORIGINAL REGISTERED WILL OF THE PETITIONERS FATHER BEARING NO. 1/1965 DTD. 01/01/1965. EXT.P.6: COPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KADAMAKKUDY DTD. 24/10/07. EXT.P.7: TAX RECEIPT OF THE PETITIONERS PROPERTY FOR THE PERIOD 2007-08 DTD. 24/10/07. EXT.P.8: ENCUMBRANCE CERTIFICATE OF THE PETITIONERS PROPERTY FOR THE PERIOD 1/1/1993 TO 29/9/97 DTD. 1/10/97. EXT.P.9: COPY OF THE JUDGMENT IN LAR.NO.67/08 OF THE 3RD ADDITIONAL SUB COURT, ERNAKULAM DTD. 20TH DECEMBER 2008. EXT.P.10: COPY OF THE NOTICE ISSUED BY THE R.1. TO THE PETITIONER IN LAC NO. 143/05 DTD. 21/07/07. EXT.P.11: COPY OF THE NOTICE ISSUED BY THE R.1. TO THE PETITIONER IN LAC NO. 146/06 DTD. 04/08/07. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19034 OF 2009 ------------------------------------------- Dated this the 16th day of July, 2009 JUDGMENT 1.A laborious exercise has been carried out by a Collector under the Land Acquisition Act and by a reference court. If only the parties had appropriately stated matters before the authorities, such confusion and time consuming exercise could have been avoided. 2.The land under acquisition originally belonged to Joseph. The writ petitioner is his son Pious. Joseph executed a Will in favour of Pious regarding D schedule property. One Parameswaran had kudikidappu right. The other claimants are his heirs. They confine their claims only to the parcel over which Parameswaran has kudikidappu right (7.5 cents). They have no claim as against the land claimed by Pious under the Will. Therefore, even before the Land Acquisition Officer, there was actually no dispute as to the title of Pious over the WPC.19034/09 Page numbers property claimed by him on the basis of the original of the Will executed by his father. 3.In the aforesaid circumstances, to secure justice, the impugned award is set aside to the extent it relates to the D schedule property excluding the award in favour of respondents 2 to 5. It is further clarified that the impugned award is set aside only to the extent it refuses to recognise the title of the petitioner over the award amount claimed by him. The impugned award will remain in tact for all other purposes. The court below will take up the matter afresh and decide on it having regard to what is stated above. Let that be done at the earliest. The parties will be at liberty to place the entire relevant evidence before the court below. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.16/7.