Petitioners, claiming title to land acquired from persons named in a closed reference order, challenged the lower court's dismissal of their review application. The High Court set aside the impugned order, allowing impleadment for title adjudication.
Impugned order set aside; the application for review and impleadment is allowed; matter remanded for adjudication of title.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938
CRP.No. 346 of 2015 ()
----------------------(AGAINST THE ORDER IN R.P.NO.4426/2013 IN LAR.NO.128/2007 OF IIIRD ADDL.SUB COURT, ERNAKULAM DATED 3/12/2014)
PETITIONER(S)/PETITIONERS:
1. ABDUL HAFEES, S/O. ABDUL WAHAB, BELHAVEN GRADENS, KAWDIAR, THIRUVANANTHAPURAM-695 003.
2. SHEREEN HAFEES, W/O.ABDUL HAFEES, BELHAVEN GRADENS, KAWDIAR, THIRUVANANTHAPURAM-695 003.
BY ADV. SRI.M.A.ABDUL HAKHIM
RESPONDENT(S)/RESPONDENTS :
1. KUNAJMMU, W/O. BEERANKUTTY, PARALIMOOLAYIL, THENGODE, KAKKANAD, ERNAKULAM DIST-682 021.
2. KATHIRUKUNJU, S/O. BEERANKUTTY, PARALIMOOLAYIL, THENGODE, KAKKANAD, ERNAKULAM DIST-682 021.
3. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (L.A), KOCHI REFINERIES LTD., VYTILA, N.F GATE, THRIPUNITHURA-682 301.
4. CHIEF EXECUTIVE OFFICER, INFOPARK, KAKKANAD, ERNAKULAM DIST-682 030
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.MUHAMED MUSTAQUE, J.
========================= C.R.P.No.346/2015
O R D E R
In a reference under Section 31(2) of the Land
Acquisition Act, proceedings were closed as the parties did not appear. Thereafter, the petitioners filed an application to review and get impleaded. This was for the reason that they are the title owners of the property acquired/purchased from persons who are referred in the reference order. This review petition was dismissed stating that the petitioners were not parties to reference and their remedy is to approach the land acquisition officer to get impleaded in the proceedings.
Section 31(2), the successor-in-interest sought to step into the shoes of the original owner. In that view of the matter, this court is of the view that the petitioners are entitled to
CRP 346/2015
-:2:-
get impleaded and to seek review. Accordingly, the impugned order is set aside. In view of the fact that the reference was closed, the application filed by the petitioners
is allowed. The court below shall try the matter after adjudicating the matter and after giving an opportunity to the petitioners to establish title over the property in which the compensation was deposited.
The civil revision petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether title owners of property acquired from persons referenced in a closed reference proceeding are entitled to be impleaded.
Whether a successor-in-interest can step into the shoes of the original owner in proceedings under Section 31(2) of the Land Acquisition Act.
1 provisions across 1 enactments
ABDUL HAFEES
SHEREEN HAFEES
KUNAJMMU
KATHIRUKUNJU
STATE OF KERALA
CHIEF EXECUTIVE OFFICER, INFOPARK
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court