Review petition filed to seek clarification that observations made in a dismissed revision order do not bind third parties claiming land rights under Section 7E of Kerala Land Reforms Act; held unnecessary as no binding effect exists on non-parties without legal entitlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 RP.No. 393 of 2010() -------------------AGAINST THE JUDGEMENT/ORDER IN CRP.13/2010 Dated 14/01/2010 .................... REVIEW PETITIONER(S): PETITIONERS/PETITIONERS
RP.No. 393 of 2010()
2
BY ADV. SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN
RESPONDENT(S): RESPONDENTS
ADV. GOVERNMENT PLEADER SRI.DILEEP
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S.S.SATHEESACHANDRAN, J
R.P No.393 OF 2010
Dated this the 14th day of September 2010
ORDER
The above review petition has been filed canvassing review of the order dated 14/01/2010 by which the revision was dismissed. When the petition came up for hearing, the learned counsel appearing for the petitioner confined his submissions for a clarification from this court that the observations made under the impugned order sought to be reviewed and the dismissal of the revision, will have no bearing over the challenges stated to be made by some other persons setting forth claims under Section 7E of the Kerala Land Reforms Act, who have impeached the very same order of the Taluk Land Board directing surrender of the land. So far as the claims raised by others who are not parties to the present proceedings, the observations made in the order passed in this revision is unlikely to have any binding effect if they are legally entitled to set forth a claim under Section 7E of the Kerala Land Reforms Act. That being so, no further clarification that the present order will not be binding on such claimants need be made by me in the present review petition moved by the declarant. Nothing more survives in the review petition, and, it
is dismissed. Sd/-
S.S.SATHEESACHANDRAN
JUDGE
//True Copy//
P.A to Judge
vdv
3 issues framed by the court
whether observations in the impugned order binding on third-party claimants under Section 7E of the Kerala Land Reforms Act require clarification
whether review petition manageable in view of limited scope of clarification sought
whether declarant entitled to protection from order affecting third-party claims not in present proceedings
Pattukalathil Aboobacker Haji & Others
Chairman, Taluk Land Board, Perinthalmanna & State of Kerala
S.S.Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
