Kerala High Court
Smt.Somavathi vs Smt.Venkateshwari on 22 September, 2014
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 22ND DAY OF SEPTEMBER 2014/31ST BHADRA, 1936
CRP.No. 332 of 2010
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AA 63/1999 of APPELLATE AUTHORITY(LR), KANNUR
SM NO. 66/86 OF LAND TRIBUNAL NO.II, KASARAGOD
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REVISION PETITIONER/APPELLANT/3RD PARTY PETITIONER:
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SMT.SOMAVATHI, D/O.PAKEERA ALVA,
W/O.LATE DR.K.K.HEDGE, KULOOR VILLAGE, KASARAGOD
TALUK, P.O.CHARLA, THROUGH POWER OF ATTORNEY HOLDER
K.SUNDEEP HEGDE, RESIDING AT HOPE LODGE, NEAR SATHYA SAI
NURSING HOME, C.H.S. ROAD, KODIALBAIL P.O., MANGALORE
BY ADVS.SRI.K.LAKSHMINARAYANAN
SMT.SATHYASHREEPRIYA
RESPONDENTS/RESPONDENTS:
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1. SMT.VENKATESHWARI,
W/O.LATE C.H.RAMAKRISHA BHAT,RESIDING AT
KUMARAMANGALAM HOUSE, BELA VILLAGE AND POST
KASARAGOD TALUK.
2. C.H.BALASUBRAAMANYA BHAT,
S/O.LATE C.H.RAMAKRISHA BHAT, RESIDING AT
KUMARAMANGALAM HOUSE, BELA VILLAGE AND POST
KASARAGOD TALUK.
3. K.RATNAKUMARI,
D/O.LATE C.H.RAMAKRISHA BHAT, RESIDING AT
KUMARAMANGALAM HOUSE, BELA VILLAGE AND POST
KASARAGOD TALUK.
4. K.SHYAMALA DEVI,
D/O.LATE C.H.RAMAKRISHA BHAT, RESIDING AT
KUMARAMANGALAM HOUSE, BELA VILLAGE AND POST
KASARAGOD TALUK.
5. K.LAKSHMI, W/O.SHANKARANARAYANA BHAT,
RESIDING AT KUMARAMANGALAM HOUSE
BELA VILLAGE AND POST, KASARAGOD TALUK.
DCS
CRP.No. 332 of 2010
6. K.SARASWATHI,
D/O.LATE C.H.RAMAKRISHA BHAT, RESIDING AT
SEENA ELECTRICALS, BADIADKA, P.O.PERADALA
KASARAGOD.
7. K.SHANKARI, W/O.M.P.S.BHAT,
RESIDING AT KUMARAMANGALAM HOUSE, BELA VILLAGE AND
POST, KASARAGOD TALUK.
8. JANARDHANA ALVA, RESIDING AT
KUMARAMANGALAM HOUSE, BELA VILLAGE AND POST
KASARAGOD TALUK.
9. K.DASAMA ALVA, S/O.PAKEERA ALVA,
RESIDING AT KULOOR, KASARAGOD TALUK, POST CHARLA.
10. SMT.UMAVATHI J ALVA, RESIDING AT
DOOR NO.404, BON VIEW TOWERS, MALLIKATTE
MANGALORE-4, KARNATAKA STATE.
11. KUMARI MALAVIKA, RESIDING AT DOOR NO.404
BON VIEW TOWERS, MALLIKATTE, MANGALORE-4
KARNATAKA STATE.
12. MAHESH, RESIDING AT DOOR NO.404,
BON VIEW TOWERS, MALLIKATTE, MANGALORE-4
KARNATAKA STATE.
13. DEVAKI, W/O.C.H.RAMAKRISHA BHAT,
RESIDING AT KUMARAMANGALAM HOUSE, BELA VILLAGE AND
POST, KASARAGOD TALUK.
14. AKHILESH, ADOPTED SON OF
C.H.RAMAKRISHA BHAT,RESIDING AT KUMARAMANGALAM HOUSE
BELA VILLAGE AND POST, KASARAGOD TALUK.
R2, R3, R4, R5, R7, R13, R14 BY ADVS. SRI.K.SHRIHARI RAO
SMT.N.SHOBHA
SRI.K.S.BALAKRISHNAN
R9 BY ADV.SRI.SURESH KUMAR KODOTH
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 22-09-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
DCS
CRP.No. 332 of 2010
APPENDIX
PETITIONER(S)' ANNEXURES :-
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ANNEXURE A: COPY OF THE ADMISSION REGISTER FROM THE SCHOOL
RECORDS
ANNEXURE B: COPY OF THE RELEVANT PAGES OF THE PASSPORT
RESPONDENT'S ANNEXURES :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V.CHITAMBARESH,J.
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C.R.P. No. 332 of 2010
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Dated this the 22nd day of September, 2014
O R D E R
The property dealt with by the authorities below belonged in jenm to one Pakkeera Alva. The property was divided amongst his legal heirs under a partition deed dated 27.04.1951. The said partition deed has been marked as Ext. B1 in the proceedings of the Land Tribunal. The revision petitioner is none other than the daughter of the said Pakkeera Alva. She has also been alloted a share of the property of her father under the partition deed dated 27.04.1951.
2. Two documents have been produced along with I.A. No. 1942/2010 in this Civil Revision Petition. First is an extract of the admission register from the school and the second is a passport issued by the authorities. Both reflect that the petitioner is the daughter of Pakkeera Alva referred to above. One of the reasons stated by the C.R.P. No. 332 of 2010 2 appellate authority is that there is no proof that the petitioner is the daughter of Pakkeera Alva. The documents now produced abundantly shows that the petitioner is the daughter and could maintain an appeal.
3. The order of the Land Tribunal impugned in the appeal does not reflect the name of the petitioner. The petitioner has evidently not been impleaded in the proceedings before the Land Tribunal. Only her three brothers have been shown as the land owners of the property. The Land Tribunal has directed the issue of the certificate of purchase behind the back of the petitioner. The petitioner ought to have been put on notice individually under Section 72F(2) of the Kerala Land Reforms Act, 1963.
4. Any person aggrieved by the order of the Land Tribunal can maintain an appeal under Section 102 of the Kerala Land Reforms Act, 1963. The petitioner asserts that she knew about the order of the Land Tribunal only very late. This was known only when her son went to the village office to remit tax for the property. I have no C.R.P. No. 332 of 2010 3 reason to disbelieve the version of the petitioner especially when knowledge to her cannot otherwise be imputed. The delay in filing the appeal will not be material if reckoned from the date of order of the Land Tribunal.
5. The contesting respondents point out that the order of the Land Tribunal has already been affirmed in A.A. No. 235/1986. It is also stated that a certificate of purchase dated 31.01.1989 was also issued pursuant thereto. But the petitioner has concededly not been made a party to A.A. No. 235/1986 also. Any affirmation of an order behind the back of the petitioner cannot bind her. The purchase certificate if any obtained without the junction of the petitioner cannot also affect her.
6. The remand of the case to the Land Tribunal for a de-novo consideration with notice to the parties is essential. I set aside the order of the Land Tribunal as well as the Appellate Authority (Land Reforms). The parties shall appear before the Land Tribunal No. II, Kasaragod on 15.10.2014. Every endeavour shall be made C.R.P. No. 332 of 2010 4 by the Land Tribunal to pass final orders thereon before 31.01.2015.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH JUDGE DCS