FATHIMA Vs. DISTRICT COLLECTOR MALAPPURAM

JUDGEMENT

(1.) The petitioners herein filed application under R.4 of O.22 of the Code of Civil Procedure in the Land Acquisition Reference to implead them as additional claimants as legal representatives of the deceased claimant who died pending the Land Acquisition Reference. The Court below dismissed the application on the ground that no legal heirship certificate was produced by the petitioners.

(2.) S.53 of the Land Acquisition Act provides that save insofar as they may be inconsistent with anything contained in the Act, the provisions of the Code of Civil Procedure, 1908 shall apply to all proceedings before the Court under the Act. The question is whether the petitioners are bound to produce legal heirship certificate to enable them to apply for impleading them as additional claimants. I am of the view that the Court below was not right in holding that the legal heirship certificate is necessary for the purpose of filing an application or for prosecuting an application under R.2 or R.3 or R.4 of O.22 of the Code of Civil Procedure. In Joseph v. Special Tahsildar, 2007 (4) KHC 393 : 2007 (4) KLT 840 : ILR 2007 (4) Ker. 414 : 2008 (1) KLJ 274 : AIR 2008 Ker. 175, I had occasion to consider the question of impleadment of legal representatives in Land Acquisition Reference case. It was held therein thus:

(3.) For the aforesaid reasons, I set aside the order impugned. The Court below shall dispose of the application afresh in accordance with law. No order as to costs.