Dismissed

T.K.Sasidharan v. Ranjini Venugopal

Kerala HC29 Nov 2012OP(C)/1369/2012

Case brief

AI extract

What is this about?

The High Court dismissed a belated original petition challenging an order of reference to the Land Tribunal regarding tenancy disputes. The court held the petitioner is estopped due to prior participation and directed the Tribunal to expedite proceedings.

What did the court decide?

Original Petition dismissed; Land Tribunal directed to expedite proceedings and forward findings within four months.

T.K.Sasidharan Vs Ranjini Venugopal — Property and Title | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THURSDAY, THE 29TH DAY OF NOVEMBER 2012/8TH AGRAHAYANA 1934

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OP(C).No. 1369 of 2012 (O)

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[O.S.NO.224/1994 OF THE MUNSIFF'S COURT, THALASSERY, SM.3/2000 OF LAND TRIBUNAL, KUTHUPARAMBA]

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PETITIONER:

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T.K.SASIDHARAN, S/O.T.K.KRISHNAN, AGED 53 YEARS, RESIDING AT AISWARYA, P.O MUNDAYADE, KANNUR DISTRICT.

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BY ADV. SRI.P.U.SHAILAJAN.

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RESPONDENTS/DEFENDANTS:

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1. RANJINI VENUGOPAL, D/O.RAMAR KUTTY, AGED 56 YEARS, PLOT NO.129 100 FEET ROAD, NATESHAN NAGAR, PONDICHERRY- 605 001.

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2. KANCHANA VALSAN, D/O.RAMAR KUTTY, AGED 53 YEARS, NO.2 ALAGIRI NAGAR, CENT STREET, VADAPALANI, MADRAS- 600 001.

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3. LASITHA RAJAN, D/O.RAMAR KUTTY, AGED 51 YEARS, THEKKINIYATH HOUSE, AMMENKOVIL STREET, THRISSUR- 680 001.

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4. T.K.RAJESH, S/O.RAMAR KUTTY, AGED 44 YEARS, SURYA JEWELLARY, MAIN ROAD, THALASSERY- 670 101.

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O.P.(C).NO.1369/2012-O:

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5. T.K.CHANDRAMATHI, W/O.CHANDRASEKHARAN, AGED 78 YEARS, `CHANDRA SADAN', LOGAN'S ROAD, THALASSERY- 670 001.

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6. T.K.SUDARMAN, S/O.CHANDRASEKHARAN, AGED 56 YEARS, `CHANDRA SADAN', LOGAN'S ROAD, THALASSERY- 670 101.

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7. T.K.HEMACHANDRAN,

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S/O.CHANDRASEKHARAN, AGED 54 YEARS,

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CHANDRIKA JEWELLARY', LOGAN'S ROAD, THALASSERY- 670 101.

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8. PREMACHANDRAN, S/O.CHANDRASEKHARAN, AGED 52 YEARS, `PRASANTHI', NEAR PANNERI TEMPLE, PARPU P.O, KADACHIRA, KANNUR- 670 621.

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9. T.K.HYMA RAJENDRAN, D/O.CHANDRASEKHARAN, AGED 48 YEARS, `SUVARMAPURI', NEAR AYURVEDA HOSPITAL, PARPU, THANA, KANNUR- 670 621.

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10. T.K.UMA BALAKRISHNAN, D/O.CHANDRASEKHARAN, AGED 46 YEARS, T.K.HOUSE , HALAHADU NADA, VADAKARA 673 101.

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11. SUMA SADANANDAN, D/O.CHANDRASEKHARAN, AGED 42 YEARS, VASANTHA JEWELLARY,`SUJINDRA', THILLERY, KANNUR- 670 001,

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12. T.K.SOUMYACHANDRAN, D/O.CHANDRASEKHARAN, AGED 41 YEARS, `POURNAMI', LOGAN'S ROAD, THALASSERY- 670 101.

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13. KSHEMACHANDRAN, S/O.CHANDRASEKHARAN, `GOVIND', NEAR PANKAJ TALKIES, PARPU TEMPLE GATE, THALASSERY- 670 101.

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14. HIMA MAHESH, D/O.CHANDRASEKHARAN, AGED 36 YEARS, `AVINASH', 88, MOUNT TOY EXTENSION, HANUMANATHA NAGAR, BANGALORE- 560 019.

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O.P.(C).NO.1369/2012-O:

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15. E.K.RUGMINI D/O.KUNJIKANNAN, AGED 74 YEARS, THALASSERY AMSOM, VADAKKAKAM DESOM, KAYYALA, PPARPU, THALASSERY- 670 101.

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R15 BY ADVS. SRI.K.V.PAVITHRAN,

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SRI.P.P.RAMACHANDRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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O.P.(C).NO.1369/2012-O:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: TRUE COPY OF THE PLAINT IN OS NO.224/94 BEFORE THE MUNSIFF'S COURT, THALASSERY.

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EXT.P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT NO.15 IN O.S NO.224/94.

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EXT.P3: TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED BY THE 15TH DEFENDANT IN O.S NO.224/94.

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EXT.P4: TRUE TYPED COPY OF THE ORDER DATED 1.11.1996 IN O.S NO.224/94 OF MUNSIFF'S COURT,THALASSERY.

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RESPONDENTS' EXHIBITS:

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EXT.R.15.A: COPY OF THE ORDER IN O.A. NO.50/1976 OF LAND TRIBUNAL, THALASSERY.

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EXT.R.15.B: COPY OF THE ASSIGNMENT DEED DTD. 31/03/1938 OF S.R.O, THALASSERY.

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EXT.R.15.C: COPY OF THE GIFT DEED DT. 10/08/1957 OF S.R.O. THALASSERY.

//TRUE COPY//

P.A. TO JUDGE

Prv.

V.CHITAMBARESH,J.

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= = = = = = = = = = =

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O.P.(C) No. 1369 of 2012

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= = = = = = = = = = = == = = = = Dated this the 29^th day of November, 2012

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J U D G M E N T

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The order impugned in this original petition was rendered almost sixteen years ago. The challenge in this original petition is therefore highly belated. The court below has only referred the question of tenancy to the Land Tribunal.

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It is trite law that there could not be two certificates of purchase in relation to the same property ( See Rajammal vs. Hajra (2012 (3) KLT 20 ). This prompted the court below to refer the tenancy to the Land Tribunal to decipher the real tenant.

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Moreover the petitioner has been participating in the proceedings before the Land Tribunal all these years. The petitioner cannot now turn around and impugn the order of reference. The petitioner is estopped from challenging the order by his own conduct.

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I however direct the Land Tribunal, Koothuparamba to expedite the proceedings. The reference shall be answered

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O.P.(C) No. 1369 of 2012 2

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without delay and forwarded to the Court of the Munsiff of Thalassery wherein O.S No.224/1994 is pending. The same shall be done within a period of four months from the date of receipt

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of a copy of this judgment.

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The parties are at liberty to implead the legal heirs in

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the proceedings before the Land Tribunal.

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The Original Petition (Civil) is dismissed subject to the above clarification.

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V.CHITAMBARESH. JUDGE

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smm

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O.P.(C) No. 1369 of 2012 3

T.K.Sasidharan v. Ranjini Venugopal

Case brief

What is this about?

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T.K.Sasidharan v. Ranjini Venugopal

Case brief

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