Kerala High Court
Sankarankutty vs Chitambaresh on 17 August, 2013
Author: V. Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY,THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936`
CRP(LR).No. 741 of 2013 ()
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AGAINST THE ORDER IN AA No.5/2013 of APPELLATE AUTHORITY (LAND REFORMS),
THRISSUR DATED 17-08-2013
(AGAINST THE ORDER PASSED IN O.A.NO.1642 OF 1976 BY THE LAND TRIBUNAL,
WADAKKANCHERY DATED 28-06-1976)
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REVISION PETITIONER/2ND APPELLANT/3RD PARTY :
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SANKARANKUTTY, AGED 57 YEARS,
S/O.NARAYANA MENON, ODUVIL HOUSE,
PERINGAVU VILLAGE DESOM, THRISSUR TALUK
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS 1 TO 3 AND APPELLANTS 1 AND 3/LEGAL HEIRS OF
THE ORIGINAL PURCHASE CERTIFICATE HOLDER AND THIRD PARTIES :
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1. RAGHU KUMAR
S/O.VASUDEVAN, KUNNATH HOUSE, ENKAKAD VILLAGE DESOM,
TALAPPILLY TALUK 680 589
2. GEETHA SIVAPRASAD,
D/O.VASUDEVAN, KUNNATH HOUSE, ENKAKAD VILLAGE DESOM,
TALAPPILLY TALUK, NOW RESIDING VEPPANAD HOUSE,
CHERUVALOOR DESOM, KORATTY 680 321.
3. RAJALEELA @ SHYAMA VIJAYAN, D/O.VASUDEVAN,
KUNNATH HOUSE, ENKAKAD VILLAGE DESOM,
TALAPPILLY TALUK, NOW RESIDING AT B/68, MANGALAM
SOCIETY, NEW ERA ENGLISH MEDIUM ROAD,
OPPOSITE NOVINO, MANKARAPURA ROAD,
BARODA,GUJARAT 680 589
4. SARASWATHY
D/O.NARAYANA MENON, ODUVIL HOUSE
PERINGAVU VILLAGE DESOM, THRISSUR TALUK 680 018
Contd...2/-
: 2 :
C.R.P.(LR).No. 741 of 2013 ()
5. VIJAYALAKSHMI,
D/O.NARAYANA MENON, ODUVIL HOUSE
PERINGAVU VILLAGE DESOM, THRISSUR TALUK
NOW RESIDING IN SRI SADGURU KRIPA NIVAS
DATTA COLONY, KALM SHETTY, MAVAL TALUK
PUNE MAHARSHTRA 400 001.
R1 BY ADV. SRI. P. RADHAKRISHNAN
R1 BY ADV. SRI. MADHU RADHAKRISHNAN
R1 BY ADV. SRI. NELSON JOSEPH
R1 BY ADV. M.D. JOSEPH
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD ON
20-10-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AMV
V. CHITAMBARESH, J.
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C.R.P. (LR). No. 741 of 2013
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Dated this the 20th day of October, 2014
JUDGMENT
The order of the Land Tribunal, Wadakkanchery in O.A. No.1642 of 1976 was pursuant to an application filed in Form J. No appeal would lie from such order passed under Section 72MM of the Kerala Land Reforms Act, 1963 (for short, 'the Act'). The remedy of the revision petitioner and respondents 4 and 5 was to make a motion under Section 72 MM(7) of the Act. It is of course true that an appeal would lie from any order passed on motion made under Section 72MM(7) of the Act.
2.The Appellate Authority (Land Reforms), Thrissur also erred in dismissing the application filed for leave to appeal. No leave to appeal is necessary in view of the plain and unambiguous language of C.R.P. (LR). No. 741 of 2013 2 Section 102 of the Act. Any person aggrieved by the order of the land tribunal can maintain an appeal before the Appellate Authority (Land Reforms), Thrissur. It is of course for the appellate authority to decide whether the appellants therein is prejudiced by the order of the land tribunal.
3.I set aside the impugned order of the appellate authority in A.A.No. 5 of 2013 on the file of the Appellate Authority (Land Reforms), Thrissur. The revision petitioner is at liberty to move under Section 72MM(7) of the Act within a period of 60 days from today. Any such motion shall be dealt with by the land tribunal with notice to the parties interested.
4.Respondents 1 to 3 contended that the right of the revision petitioner is already concluded in O.S.No.79 of 2004 on the file of the Court of Subordinate Judge, C.R.P. (LR). No. 741 of 2013 3 Thrissur. The revision petitioner alertly pointed out that an appeal suit is being filed against the judgment and decree in O.S.No.79 of 2004. It is up to the revision petitioner to pursue the appeal suit, if any, filed against O.S. No.79 of 2001 for which no directions are required at present. This civil revision petition is disposed of. No costs.
Sd/-
(V.CHITAMBARESH, JUDGE) AMV/20/10/ /TRUE COPY/ P.A.TO JUDGE