IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 LA.App..No. 959 of 2008(D) -------------------------- LAR.433/1997 of ADDL.SUB COURT, THALASSERY .................... APPELLANT: ----------------- 1. K.SAINABA D/O ABDULKHADER KANDIKKAL AZHEEKODE AMSOM DESOM KANNUR - 9 2. K.ABDUL SAMAD S/O ABDULKHADER -DO- - DO- 3. K.HAMZA - DO- -DO- 4. K.MUSTAFA - DO- - DO- ADDITIONAL APPELLANTS 5. THAHIRA.A.V. W/O K.ABDUL SAMAD KANDIKKAL, AZHEEKODU 6. MOHAMMUD SABITH --DO-- 7. MUHAMMED SAVAD ---- DO--- 8. MOHAMMED SAFUVAD ---DO--- 9. MOHAMMUD SALEETH ---DO---- LAA.No.959/08 10. THANSEEVA ----DO---- 11 THALSEEMA ----DO----- Additional appellants 5 to 11 impleaded as the legal representatives of deceased 2nd appellant vide order dated 17-6-2008 in I.A.No.2168/08 BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------- DISTRICT COLLECTOR, KANNUR REP. BY GOVERNMENT PLEADER HIGH COURT OF KERALA ERNAKULAM BY GOVERNMENT PLEADER SRI.SHYSON.P.MANGUZHA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 959 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of June, 2008 JUDGMENT This appeal is directed against the judgment of the land acquisition reference court namely the Additional Subordinate Judge, Thalassery in a reference under Section 30 of the Land Acquisition Act. The claimants before the court-Smt.Sainaba, K.Abdul Samad, K.Hamza,K.Mustafa, all children and legal heirs of one Kadeessumma were the awardees and it was from their possession that the acquired property was taken by the respondent. By the time the land acquisition officer passed his award Smt.Kadeessumma was no more. The officer became convinced on the basis of certificate of purchase dated 15/11/1976 issued by the Land Tribunal, Kannur which was later produced as Ext.A1 before the reference court that Smt.Kadeessumma was the owner in possession of the property. However, on the reason that legal heirship certificate was not produced by the four claimants to show that they are the legal heirs of deceased Smt.Kadeessumma and also on the reason that the claimants had not produced any registered LAA.No.959/08 2 documents to prove their right over the acquired land, the amounts were deposited before the court under 31(2) and a reference was sent to the court for deciding the question of claimants' entitlement to the amount. Before the reference court, apart from producing the original of the certificate of purchase issued in favour of Smt.Kadeessumma as Ext.A1, the claimants produced Exts.A1 to A17 tax receipts. Some of these receipts are receipts issued in favour of Smt.Kadeessumma alone while some others are receipts issued in favour of Smt.Kadeessumma as well as the claimants. The reference court however noticed that the claimants had not produced legal heirship certificate to show that they are the legal heirs of Smt.Kadeessumma and also that merely because in the tax receipts some of the claimants have joined Smt.Kadeessumma, it cannot be said that they are the legal heirs. 2. I have heard the submissions of Sri.P.Chandrasekhar, learned counsel for the appellant and also those of Sri.Shyson.P.Manguzha, learned Government Pleader. Sri.P.Chandrasekhar submitted that it is not in dispute that the property was acquired from the possession of the appellants and it is not in LAA.No.959/08 3 dispute that some of the tax receipts which are issued jointly in favour of Smt.Kadeessumma and the original four appellants are tax receipts pertaining to the acquired property. Nobody else has raised any claim or objections before the awarding officer or before the reference court. Sri.P.Chandrasekhar further submitted that if an opportunity is given, appellants will be able to produce certified copy of registered partnership deed No. 1968 dated 11-12-1974 and that partnership deed according to the learned counsel will definitely show that the claimants before reference court are the legal heirs of deceased Smt.Kadeessumma. 3. The learned Government Pleader has no serious objection to the appellants being afforded an opportunity as sought for by the learned counsel for the appellants. Accordingly, I set aside the judgment and decree under appeal and remand L.A.R. No.433/1997 to the Additional Subordinate Judges Court, Thalassery. Appellants will enter appearance before the reference court on 11/07/2008. The reference court will permit the appellants to produce certified copy of the partnership deed referred to above and also permit one of the LAA.No.959/08 4 appellants to tender formal oral evidence in support of the appellants' claim. The court will thereafter pass revised judgment answering the reference on the basis of the evidence which comes on record. Appeal is allowed by way of remand. Refund the full court fee paid on the appeal memorandum to Sri.P.Chandrasekhar, learned counsel for the appellants. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.959/08 5