Disposed

Vellayamattom Bhagavathy v. M/S. Karikode Rubber Ltd.

Kerala HC8 Oct 2012OP(C)/1414/2012

Case brief

AI extract

What is this about?

The Court directed the Land Tribunal to include parties from O.S. No. 90/2009 in the tenancy reference for O.S. No. 118/2011. Withdrawal applications were stayed until after the Tribunal's findings. Suits to be disposed of within six months.

What did the court decide?

The Land Tribunal directed to issue notice to all parties in O.S. No. 90/2009 and treat the reference as one for both suits jointly.

Vellayamattom Bhagavathy Vs M/S. Karikode Rubber Ltd. — Land Acquisition | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934

¶5

OP(C).No. 1414 of 2012 (O)

¶6

OS.118/2011 of SUB COURT,THODUPUZHA

¶7

PETITIONER(S):

¶8

VELLIYAMATTOM BHAGAVATHY (SREEDEVI) TEMPLE, VELLIYAMATTOM P.O., THODUPUZHA REPRESENTED BY ITS PRESENT MANOJ R.NAIR.

¶9

BY ADVS.SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN

¶10

RESPONDENT(S):

¶11

M/S. KARIKODE RUBBER (1945) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, TOM K.THOMAS KOTTUKAPPALLY HOUSE, LALAM KARA, LALAM VILLAGE PALAI P.O., KOTTAYAM-686575.

¶12

THOMAS MATHEW KOTTUKAPPALLY HOUSE, LALAM KARA, LALAM VILLAGE PALAI P.O., KOTTAYAM-686575.

¶13

DEEPAK MATHEW

¶14

KOTTUKAPPALLY HOUSE, LALAM KARA, LALAM VILLAGE PALAI P.O., KOTTAYAM-686575.

¶15

THOMAS CHANDY, KOTTUKAPPALLY HOUSE, LALAM KARA, LALAM VILLAGE PALAI P.O., KOTTAYAM-686575.

¶16

LISA CHANDY KOTTUKAPPALLY HOUSE, LALAM KARA, LALAM VILLAGE PALAI P.O., KOTTAYAM-686575.

¶17

BY ADV. SRI.JOSEPH KODIANTHARA (SR.) BY ADV. SRI. ABRAHAM MARKOS BY ADV. SRI.TERRY V.JAMES BY ADV. SRI.MATHEWS K. UTHUPPACHAN BY ADV. SRI.BINU MATHEW BY ADV. SRI.B.J.JOHN PRAKASH BY ADV. SRI.TOM THOMAS (KAKKUZHIYIL)

¶18

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

OP(C) NO. 1414/2012

¶20

APPENDIX

¶21

PETITIONER(S) EXHIBITS

¶22

EXHIBIT P1: TRUE COPY OF THE PLAINT IN OS 118/2011 PENDING BEFORE THE SUB COURT, THODUPUZHA.

¶23

EXHIBIT P2: TRUE COPY OF THE PLAINT IN OS 90/2009 PENDING BEFORE THE SUB COURT, THODUPUZHA.

¶24

EXHIBIT P3: TRUE COPY OF THE AFFIDAVIT AND IA 422 OF 2012 IN OS 118 OF 2011.

¶25

EXHIBIT P4: TRUE COPY OF THE COUNTER AFFIDAVIT TO IA 422 OF 2012 IN OS 118 OF 2011 FILED BY RESPONDENTS.

¶26

RESPONDENTS' EXHIBITS : NIL

¶27

/TRUE COPY/

¶28

P.A. TO JUDGE.

¶29

V.CHITAMBARESH, J.

¶30

O.P.(C) No. 1414 of 2012

¶31

Dated this the 8^th day of October, 2012

¶32

JUDGMENT

¶33

O.S. No. 118/2011 on the file of the court of the

¶34

Subordinate Judge of Thodupuzha is one for injunction simplicitor. The suit was earlier pending as O.S. No. 209/2003 on the file of the court of the Munsiff of Thodupuzha. The issue of tenancy has been referred to the Land Tribunal in O.S. No. 209/2003 under section 125 (3) of the Kerala Land Reforms Act. R.C. No. 1/2006 is pending in this regard on the file of the Land Tribunal, Thodupuzha.

¶35

O.S. No. 90/2009 on the file of the court of the Subordinate Judge of Thodupuzha is one for recovery of possession. O.S. No. 90/2009 is being jointly tried with O.S. No. 118/2011 (O.S. No. 209/2003). The plaint schedule property in O.S. No. 118/2011 forms part of the plaint schedule property in O.S. No. 90/2009. All the parties to O.S. No. 118/2011 are parties to O.S. No. 90/2009 even though there are certain additional parties therein.

¶36

¶37

OP(C) No. 1414/2012

¶38

The reference to the land tribunal should be treated as one done in both the suits jointly. I say so due to the consent of the counsel for either parties appearing in this Original Petition. The order of reference was in fact affirmed by this court in WP(C) No. 5279/2006 following RT. Rev. Dr. Jerome Fernandez Vs. BE BE Rubber Estate Ltd. (F.B.) [1972 KLT 613] . The Land Tribunal, Thodupuzha is therefore directed to issue notice to all the parties in O.S. No. 90/2009 also and treat the reference as one done in both the suits together. This is to obviate the necessity of another application being filed in O.S. No. 90/2009 for a reference to the land tribunal to decide the question of tenancy in relation to the same property.

¶39

The finding on the reference by the land tribunal will become part of the finding of the suit as per the scheme of the Kerala Land Reforms Act. The plaintiff in O.S. No. 118/2011 has filed I.A. No. 422/2012 under Order XXIII Rule 1 of the Code of Civil Procedure seeking permission to withdraw the suit. Such application can be considered only after the finding of the land tribunal reaches the court in O.S. Nos. 118/2011 and 90/2009.

¶40

¶41

OP(C) No. 1414/2012

¶42

There cannot be a disposal of any interlocutory application in O.S. No. 118/2011 when the suit remains statutorily stayed under the Kerala Land Reforms Act.

¶43

The Land Tribunal, Thodupuzha shall expedite the proceedings after notice to all the parties in O.S. Nos. 118/2011 and 90/2009. The court of the Subordinate Judge of Thodupuzha will consider I.A. No. 422/2012 in O.S. No. 118/2011 before the suits are listed for trial. The suits shall be disposed of within six months from the receipt of finding from the Land Tribunal who shall also be alerted.

¶44

The Original Petition is disposed of.

¶45

V.CHITAMBARESH JUDGE

¶46

ncd

Vellayamattom Bhagavathy v. M/S. Karikode Rubber Ltd.

Case brief

What is this about?

What did the court decide?

Vellayamattom Bhagavathy v. M/S. Karikode Rubber Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Retnamma Vs M/S.Mannam Sugar Mills Ltd.

Kanakavel Vs Pazhaniammal

State of Kerala Vs Mariamma

P.Thamban Nair Vs Meethale Veettil Madhavi

Damodharan Nair Vs Banarji

Sasidharan Vs Divisional Manager LIC