Kerala High Court
Musthafa vs Pattasseri Cheriyakomukutty Haji on 14 September, 2021
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Tuesday, the 14th day of September 2021 / 23rd Bhadra, 1943
CRP(LR) NO. 364 OF 2014
SM 47/1987 OF SPECIAL TAHSILDAR (LR) CUM LAND TRIBUNAL, PARAPPANANGADI
AA 173/2000 OF THE COURT OF APPELLATE AUTHORITY (LR), THRISSUR
PETITIONER/SUPPLEMENTAL 6TH RESPONDENT IN A.A. & S/O.2ND CULTIVATING TENANT IN
SM:
1. MUSTHAFA S/O.KUNHALAN, PALLIKKAL HOUSE, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT. [DIED]
2. KADEEJA P W/O.THE LATE MUSTHAFA, AGED 40, RESIDING AT PALLIKKAL
HOUSE, KOTTATHANGADI, POST KODINHI, NANNAMBRA, MALAPPURAM DISTRICT,
PIN-676309.
3. RASHIDA D/O.THE LATE MUSTHAFA, W/O.ABBAS, AGED 24, RESIDING AT
PALLIKKAL HOUSE, KOTTATHANGADI, POST KODINHI, NANNAMBRA, MALAPPURAM
DISTRICT, PIN-676309.
4. RAMSHEEDA D/O.THE LATE MUSTHAFA, AGED 21, RESIDING AT PALLIKKAL
HOUSE, KOTTATHANGADI, POST KODINHI, NANNAMBRA, MALAPPURAM DISTRICT,
PIN-676309.
5. MYMOONATH D/O.THE LATE MUSTHAFA, AGED 21, RESIDING AT PALLIKKAL
HOUSE, KOTTATHANGADI, POST KODINHI, NANNAMBRA, MALAPPURAM DISTRICT,
PIN-676309.
6. SAFEEDA D/O.THE LATE MUSTHAFA, AGED 18, RESIDING AT PALLIKKAL HOUSE,
KOTTATHANGADI, POST KODINHI, NANNAMBRA, MALAPPURAM DISTRICT,
PIN-676309.
7. MUHAMMED NISHAD P S/O.THE LATE MUSTHAFA, AGED 12 (MINOR),
REPRESENTED BY GUARDIAN AND MOTHER KADEEJA P, W/O.THE LATE
MUSTHAFA,AGED 40, RESIDING AT PALLIKKAL HOUSE, KOTTATHANGADI, POST
KODINHI, NANNAMBRA, MALAPPURAM DISTRICT, PIN-676309.
Supplemental petitioners 2 to 7 are impleaded as the legal heirs of
the deceased 1st petitioner vide order dated 23/07/2018 in IA
1767/2018.
BY ADVS.SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE ALONG WITH SRI.SAJU.S.A,
SRI.M.DEVESH,SRI.K.C.KIRAN, SRI.ASHWIN SATHYANATH,
SMT.M.R.MINI,SMT.MEENA.A.,SRI.VINOD RAVINDRANATH
RESPONDENTS/SUPPLEMENTAL APPELLANT IN A.A. AND RESPONDENTS 21 AND 23 TO 29 AND
STATE:
1. PATTASSERI CHERIYAKOMUKUTTY HAJI,S/O.KUNHAHAMMED,KODINHI
AMSOM,THIRUTHI DESOM,P.O KODINHI,THIRURANGADI TALUK, MALAPPURAM
DISTRICT - 676 309. *SUBSTITUTED BY
NEW SECRETARY OF KODINHI OLD JUMA MASJID BHARANA SAMITHI.
2. HASSAN S/O.PUTHUPRAKKAT AHAMMED HAJI, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
3. KADEEJA D/O.PUTHUPRAKKAT AHAMMED HAJI, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309. [DIED]
4. SAINABHA D/O.PUTHUPRAKKAT AHAMMED HAJI, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
5. MUHAMMEDALI S/O.PUTHUPRAKKAT MUHAMMEDKUTTY, KODINHI AMSOM DESOM,
POST KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
6. MUHAMMED SHAFI S/O.PUTHUPRAKKAT MUHAMMEDKUTTY, KODINHI AMSOM DESOM,
POST KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
7. SIDDIQUE S/O.PUTHUPRAKKAT MUHAMMEDKUTTY, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
8. IQUABAL S/O.PUTHUPRAKKAT MUHAMMEDKUTTY, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
9. ATHIKA D/O.PUTHUPRAKKAT MUHAMMEDKUTTY, KODINHI AMSOM DESOM, POST
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 309.
10. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM,
PIN - 695 001.
11. MALAYAMPALLI BEERANKUTTY S/O LATE MUHAMMED, P.O.KODINHI, MALAPPURAM
DISTRICT, PIN-676309.
12. MALAYAMPALLI PATHUMMU W/O MALAYAMPALLI ABU, C.K NAGAR, CHEMMAD P.O.,
TIRURANGADI, MALAPPURAM DISTRICT, PIN-676306.
13. MALAYAMPALLI IBRAHIM S/O LATE MUHAMMED, P.O.KODINHI, MALAPPURAM
DISTRICT, PIN-676309.
14. MALAYAMPALLI SHEREEFA W/O KANJEERA MARAKKAR, VELLIYAMPURAM P.O.,
THAYYALINGAL, MALAPPURAM DISTRICT, PIN-676320.
15. MALAYAMPALLI SULAIKHA W/O MAHROOF, PALAERI HOUSE, P.O.KOORIYAD, VIA
TIRURANGADI, MALAPPURAM DISTRICT, PIN-676306.
Additional Respondents Nos 11 to 15 are impleaded as the legal heirs
of the deceased 3rd respondent vide order dated 01/12/2015 in IA
3116/2014.
* RESPONDENT NO.1 IS SUBSTITUTED
PATHOOR MOIDEEN, AGED 65 YEARS, S/O.MUHAMMEDKUTTY HAJI, PATHOOR HOUSE,
P.O.KODINHI,KADAVALOOR, MALAPPURAM (DIST.) 676 309.
IS SUBSTITUTED AS RESPONDENT NO.1 AS PER ORDER DATED 14.09.2021 IN IA
1/2021 IN CRP (LR) 364/2014.
BY ADVS.SRI.T.SETHUMADHAVAN, SENIOR ADVOCATE ALONG WITH SRI.PUSHPARAJAN
KODOTH,SRI.K.JAYESH MOHANKUMAR,SMT.VANDANA MENON, SMT.DEEPA NARAYANAN FOR
R1
BY ADV.SRI.VINAY MATHEW JOSEPH FOR R9
BY GOVERNMENT PLEADER FOR R10
This CRP (land reforms act) having come up for orders on 14.09.2021,
the court on the same day passed the following:
V.G.ARUN, J.
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CRP(LR).No.364 of 2014
====================
Dated this the 14th day of September, 2021
ORDER
It is reported by the learned Counsel appearing for the parties that the dispute has been settled and can be given finality, if the parties are referred to mediation.
2. The matter is hence referred to mediation. The parties shall appear before the Nodal Officer, Mediation and Conciliation Centre, High Court of Kerala at 11.00.am on 23.09.2021.
Registry shall forthwith transmit copy of this Civil Revision Petition to the Mediation and Conciliation Centre. I.A.No.1/2021
This application is filed by the present secretary of Kodinhi Old Juma Masjid Bharana Samithi, pointing out that the previous secretary, who, by name was impleaded as the 1 st respondent passed away on 28.09.2020 and the petitioner being the present secretary of the Bharana Samithi has to be impleaded in his place. The interlocutory application is 2 allowed and the petitioner is substituted in the place of the 1 st respondent.
Sd/-
V.G.ARUN JUDGE NB/14-9 14-09-2021 /True Copy/ Assistant Registrar