The Court set aside an order by the Land Revenue Commissioner for failing to follow prior judgments as directed. The petitioner is granted a stay of enforcement and directed to have fresh orders passed within three months.
Ext.P8 order set aside; Land Revenue Commissioner directed to issue notice and pass fresh orders within three months.
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 ANTONY DOMINIC
SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933
OP.No. 15839 of 2001(I) -----------------------
PETITIONER(S):
---------------
1. C.H.ABDURAHIMAN, S/O CHOLATTUKKAL MOHAMMED MUNDAKOLLI, NENINI AMSOM AND DESOM, POST MOOKUTHU KUNNU, WYNAD DISTRICT.
2. K.M. DANIAL, S/O MATHAN, NENMINI AMSOM AND DESOM, POST MOOKUTHIKUNNU, WYNAD DISTRICT.
BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN
RESPONDENT(S):
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1. THE COMMISSIONER OF LAND REVENUE, TRIVANDRUM
2. DISTRICT COLLECTOR, WYNAD, KALPETTA.
3. ADMINISTRATIVE OFFICER, AMBALAVAYAL, WYNAD.
ADDL.RESPONDENTS
5. PARVATHY AMMA, W/O. LATE SANKARAN NAMBIAR, MULAVANKOLLY, CHEERAL P.O., WYNAD - 673 595.
6. KAMALA, D/O LATE SANKARAN NAMBIAR, MULAVANKOLLY, CHEERAL P.O., WYNAD - 673 595.
7. VALLY, D/O LATE SANKARAN NAMBIAR, MULAVANKOLLY, CHEERAL P.O., WYNAD - 673 595.
8. THANKAMMA, D/O LATE SANKARAN NAMBIAR, MULAVANKOLLY, CHEERAL P.O., WYNAD - 673 595.
9. MOHANDAS, S/O LATE SANKARAN NAMBIAR, MULAVANKOLLY, CHEERAL P.O., WYNAD - 673 595.
R1 TO R3 BY GOVT. PLEADER SMT.SANJEETHA
***** ADDITIONAL RESPONDENTS 5 TO 12 ARE IMPLEADED AS PER ORDER DATED 23.03.2007 IN IA NO:2961/07. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/11/2011, ALONG WITH OP NO. 28730 OF 2001 THE COURT ON 03/12/2011 DELIVERED THE FOLLOWING:
BKA
OP.No. 15839 of 2001(I)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | COPY OF JUDGMENT OF | THIS HON'BLE COURT IN OP NO.1767/1973 |
|---|---|---|
| DATED 31.08.1976. | ||
| EXT.P2 | COPY OF JUDGMENT OF | SUB COURT, KOZHIKODE DATED 24.09.1984 |
| IN OS NO.91/1981. |
| EXT.P3 COPY |
OF ORDER OF THE | 2ND RESPONDENT DATED 27.06.1989 TO |
|---|---|---|
| THE | PETITIONERS. |
| EXT.P4 | COPY OF REVISION PETITION FILED BY PETITIONERS TO THE 1ST RESPONDENT. |
|---|---|
| EXT.P5 | COPY OF REVISION PETITION FILED BY THE PETITIONERS TO THE |
| BOARD OF REVENUE - 1ST RESPONDENT DATED 20.10.1989. | |
| EXT.P6 | COPY OF ORDER DATED 01.12.1989 OF THE 1ST RESPONDENT TO |
| THE PETITIONERS COUNSEL SRI. K.K.SANDARA GANAKAN. |
| EXT.P7 | COPY OF THE JUDGMENT DATED 18.12.1998 IN S.A. NO.438/90 OF THIS HON'BLE COURT. |
|---|---|
| EXT.P8 | COPY OF PROCEEDINGS NO.LR(H)1-138/2000/D.DIS DATED OF THE 1ST RESPONDENT. |
| EXT.P9 | COPY OF THE DECREE DATED 18.12.1998 IN S.A.NO.438/90 OF THIS HON'BLE COURT. |
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
BKA
ANTONY DOMINIC, J. ---------------------------------------------OP NO. 15839 OF 2001 & OP NO. 28730 OF 2001
Dated this the 3rd day of December, 2011
J U D G M E N T
Issues raised in these cases are common and therefore, these cases are heard together and are disposed of by this common judgment, treating OP No:15839/2001 as the leading case.
OP NO. 15839 OF 2001
..2..
land assigned to the 1st petitioner. The suit was decreed by the Munsiff's Court finding that the plaintiff was in possession of the land.
..3..
OP NO. 15839 OF 2001
fresh consideration. The trial court again considered the suit, and by judgment and decree rendered on 19.07.1980, the suit was decreed.
OP NO. 15839 OF 2001
..4..
and decree in OS No:35/74, the Administrative Officer issued 'patta' in respect of the wet land to the 4th respondent, canceling the 'patta' that stood in favour of the 1st petitioner.
OP NO. 15839 OF 2001
..5..
OP NO. 15839 OF 2001
..6..
No.28730/2001 challenging the very same order of the Land Revenue commissioner.
OP NO. 15839 OF 2001
..7..
and P2 in OP No:15839/2001. In spite of such clear directions, reading of Ext.P8, the order passed by the Land Revenue Commissioner, show that this order has been passed without even referring to the aforesaid two judgments. For that reason itself, the order passed by the Land Revenue Commissioner is vitiated and cannot be sustained.
OP NO. 15839 OF 2001
..8..
and decree in OS No:91/81, which has been confirmed by this Court in Ext.P7. Therefore, the said judgment and decree cannot be of much assistance to the petitioners. The assignment in his favour, also cannot improve his case in any manner.
OP NO. 15839 OF 2001
..9..
rate, within three months of receipt of a copy of this judgment.
In the result, OP No:15839/2001 is disposed of as above and OP No:28730/2001 is dismissed.
ANTONY DOMINIC, JUDGE
bka/-
3 issues framed by the court
Whether the order of the Land Revenue Commissioner setting aside assignments is vitiated for not adhering to Supreme Court directions.
Whether the High Court's judgment dismissing an original petition precludes the petitioner from claiming rights based on a separate civil decree.
Whether the impugned order must be set aside and remanded for fresh consideration due to non-compliance.
C.H.ABDURAHIMAN AND ANR.
THE COMMISSIONER OF LAND REVENURE, TRIVANDRUM
K.SANKARAN NAMBIAR (DECEASED) AND HEIRS
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
