Kerala High Court
K.Radhamma vs Ani Vasudeavan on 17 March, 2017
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938
CRP(LR).No. 373 of 2015
-------------------------------------
A.A.NO. 95/2003 OF THE APPELLATE AUTHORITY (LAND REFORMS), ALAPPUZHA
O.A.NO. 70/1997 OF THE LAND TRIBUNAL, KOLLAM
-----------------
PETITIONER(S)/RESPONDENT/APPLICANT :
-----------------------------------------------------------------
K.RADHAMMA, AGED 72 YEARS,
W/O. LATE SREEDHARAN, KARUMMOOTTIL VEEDU,
THEKKEVILA CHERRY, MUNDAKKAL VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT.
BY ADV. SRI.SUNNY ZACHARIAH
RESPONDENT(S) 2 & 3 AND STATE/APPELLANTS 2 & 3/RESPONDENTS 2 & 3 :
-------------------------------------------------------------------------------------------------------------------
1. ANI VASUDEAVAN,
KOCHAPPALLIL VEEU, THEKKEVILA P.O, MUNDAKAL VILLAGE,
KOLLAM TALUK, KOLLAM DISTRICT 691 501.
2. MINI VASUDEVAN,
KOCHAPPALLIL VEEU, THEKKEVILA P.O, MUNDAKAL VILLAGE,
KOLLAM TALUK, KOLLAM DISTRICT 691 501.
3. STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR KOLLAM,
CIVIL STATION, KOLLAM 691 501.
R1 & R2 BY ADV. SRI.B.MOHANLAL
R3 BY SR. PUBLIC PROSECUTOR SRI. M.I.JOHNSON
THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR ADMISSION
ON 17-03-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
CRP(LR).No. 373 of 2015
-------------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES :
NIL
RESPONDENT(S)' ANNEXURES :
ANNEXURE R1: THE TRUE PHOTOGRAPH SHOWING THE BUILDING IN
WHICH THE PETITIONER CLAIMS KUDIKIDAPPU IN
THE HOTEL M/S. MAHAL FOODS.
//TRUE COPY//
P.S.TOJUDGE
Msd.
A.MUHAMED MUSTAQUE, J.
=========================
C.R.P.(LR).No.373/2015
~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 17th day of March, 2017
O R D E R
The petitioner approached this Court in this revision aggrieved by an order in appeal under Section 102 of the Kerala Land Reforms Act, 1963 reversing the order of land tribunal which confers status of the revision petitioner as kudikidappukaran.
2. The petitioner is an applicant in O.A.No.70/1997 before the Land Tribunal, Kollam. The land tribunal allowed the application of the petitioner to purchase an extent of 1.53 Ares of land in resurvey No.220/5, Block No.25 of Mundakkal Village from the respondents under Section 80B of the Kerala Land Reforms Act. The respondents, the owners of the land appealed against the above order before the appellate authority. The appellate authority reversed the order of the land tribunal by holding that the petitioner is not a kudikidappukaran coming under Section 2(25) of the Kerala Land Reforms Act. This order is under challenge before this Court.
3. It is to be noted Section 80 of the Kerala Land Reforms Act provides register of kudikidappukars which is to be maintained by C.R.P.(LR).No.373/2015 -:2:- the local authority. The Hon'ble Supreme Court in Madhavi Amma and others v. S.Prasannakumari and others [AIR 2013 SCC 1384] held as follows:
"21. In contradistinction to Section 80, what is provided under Sections 80A or 80B were the consequential benefits such as the right to purchase the Kudikidappu and the procedure to be followed for effecting the purchase by approaching the concerned authorities and thereby ascertain his ownership rights after such purpose. By no stretch of imagination, the right to purchase provided under Section 80A and the procedure prescribed for purchase of such right under Section 80B can be invoked, by a person whose status as Kudikidappukaran was yet to be ascertained earlier. The approach made by the appellant(s) by invoking Section 80B of the Act in order to assert his right as Kudikidappukaran even without getting his status ascertained in the appropriate proceedings under Section 80 of the Act was wholly invalid and was rightly rejected by the original authority in its order dated 19.2.1991 in OA 78/88. Unfortunately, the Appellate Authority that decided the appeal as against the said order in AA 37/91 failed to understand the scope, power and jurisdiction of appellate power under Section 102 of the Act as against the order passed under Section 80B of the 1963 Act which C.R.P.(LR).No.373/2015 -:3:- unfortunately resulted in the passing of the order dated 13.11.1995 in AA 37/91."
4. In the light of the above judgment, it is a pre-requisite to register kudikidappukaran with the local authority. The view taken by the Supreme Court is that without ascertaining the status of the kudikidappukaran in the register, proceedings under Section 80B cannot be initiated. In the light of the above decision, the petitioner will have to be prove before the land tribunal his status in terms of Section 80 in the register maintained with the local authority. However, in view of the fact that this was not noticed by the land tribunal, this Court is of the view that an opportunity should be given to the petitioner. Accordingly, the impugned order is set aside. The matter is remanded back to the land tribunal. The petitioner will have to produce such register declaring status with the local authority before the land tribunal for further consideration.
The civil revision petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms