The Court dismissed a review petition challenging an order transferring land disputes in Munnar area to the Munnar Tribunal. The Court held that Section 4 of Act 13 of 2010 has an overriding effect, rendering the petitioner's claim regarding the Land Conservancy Rules without merit.
The review petition was dismissed.
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 P.BHAVADASAN
MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937
RP.No. 651 of 2015 IN OP(C).767/2015
AGAINST THE JUDGMENT IN OP(C) 767/2015 of HIGH COURT OF KERALA DATED 07.04.2015
PETITIONER/PETITIONER:
C.M.ABDULKHADER, AGED 55 YEARS,
R/AT CHIRAYATH HOUSE, 2ND MILE, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADV. SRI.S.JIJI
RESPONDENTS/RESPONDENTS:
BY GOVERNMENT PLEADER SMT.LILLY LESLIE.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.BHAVADASAN, J.
Review Petition No.651 OF 2015 IN O.P.(C) No.767 OF 2015
Dated this the 3rd day of August, 2015.
O R D E R
This review petition is directed against the order dated 07.04.2015 in O.P.(C) No.767/2015 whereby this Court disposed of the petition observing that the Munnar Tribunal concerned shall follow the proceedings under the Act in respect of the matter transferred to it from the RDO's Court in which the petitioner is the appellant.
R.P.No.651/2015
2
Section 4 of Act 13 of 2010 reads as follows:
It has an overriding effect. In the light of the above
provision, the contention raised by the petitioner is without any basis or merit.
This review petition is accordingly dismissed.
Sd/-
P.BHAVADASAN JUDGE
smp
// True copy //
P.A to Judge
3 issues framed by the court
Whether the petitioner is eligible to get property assigned in his name under Rule 7 of the Land Conservancy Rules.
Whether provisions of Act 13 of 2010 have overriding effect on pending proceedings under the Land Conservancy Act.
Whether the filed petition should be kept in abeyance despite the transfer of disputes to the Munnar Tribunal under Act 13 of 2010.
3 provisions across 2 enactments
C. M. Abdulkhader
The Additional Tahasildar, Devikulam
The Village Officer, Pallivasal
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
