IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 LA.App..No. 88 of 2002() -------------------------------- LAR.13/1999 of SUB COURT,THRISSUR .................... APPELLANT(S)/CLAIMANT B :- ------------------------------------------- CHITTILAPPILLY CHARITIES ALIAS C.L.VAREED CHARITIES,POOTHOLE,THRISSUR, REPRESENTING BY ITS TRUSTEE SRI.C.J.JOHNSON BY ADV. SRI.T.R.RAVI RESPONDENT(S)/CLAIMANT A :- --------------------------------------------- THE DISTRICT COLLECTOR,THRISSUR. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------- L.A.A. No.88 of 2002 ---------------------------- Dated this the 3rd day of January 2011 J U D G M E N T Pius C. Kuriakose, J. Under challenge in this appeal preferred by M/s.Chittilappilly Charities @ C.L.Vareed Charities is the judgment of the Land Acquisition Reference Court, Thrissur answering the reference under Section 31(2) of the L.A.Act in the negative for the reason that the appellant/claimant (parties to the Reference) did not prove their title to the property in question. 2. On going through the impugned judgment we find that the appellant was claiming title by virtue of Will No.34/1190 ME. It is submitted by Mr.T.R.Ravi, the learned counsel for the appellant that the recitals in the above Will will show that the acquired property is set apart for L.A.A. No.88 of 2002 -: 2 :- charitable purpose. The learned counsel submitted that if the amount under deposit is released, the amount will be credited to the account of C.L.V Charities only and that the same will be utilised only for charitable activities. When we enquired of the learned counsel as to whether there is any dispute pending regarding the management or the nature of the Trust, the learned counsel fairly submitted that an appeal is pending before this Court as A.S.No.189/2000. The learned counsel added that the pendency of that appeal was not considered by the Reference Court. The learned counsel requested that the matter be remanded to the Reference Court giving opportunity to the appellant for producing a copy of the Will No.34/1190 ME and for proving the same in accordance with law. 3. The learned Senior Government Pleader Smt.T.T.Josephina would support the impugned judgment. According to her, in the absence of evidence the learned Sub Judge was perfectly right in answering the reference L.A.A. No.88 of 2002 -: 3 :- against the appellant. Having anxiously considered the rival submissions addressed at the Bar, we feel that the matter can be remanded to the Reference Court giving opportunity to the appellant to produce the original or copy of the Will No. 34/1190 ME and to prove the due execution of that Will and the allotment of properties in question for the benefit of C.L.V. Charities. Accordingly the result of the LA.A. is as follows:- The impugned judgment is set aside. L.A.R.No.13/99 remitted back to the Reference Court, Thrissur. That court is directed to permit the appellant to adduce further evidence including by producing the original or copy of the Will No. 34/1190 ME and also by giving any proof of the Will regarding its due execution and attestation. Even if the Court is satisfied that the amount is due to M/s.C.L.V. Charities, the appellant, the Court will ensure that the amount under deposit is transfered to the account of M/s.C.L.V.Charities. L.A.A. No.88 of 2002 -: 4 :- Parties will enter appearance before the court below on 7.2.2011. A fresh award will be passed by the Reference Court early and at any rate within three months thereafter. We are not inclined to order refund of the court fee in this case. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt