Revision petition challenging an order granting purchase of Kudikidappu. The High Court set aside the order for not adjudicating the Kudikidappukaran's entitlement, remitting it to the Appellate Authority.
Order of the Appellate Authority set aside; matter remitted to Appellate Authority (LR), Kannur for decision on entitlement to purchase.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938
CRP(LR).No. 225 of 2014
AA 51/2005 OF APPELLATE AUTHORITY, KANNUR
OA 6/2003 OF LAND TRIBUNAL, KOZHIKODE
REVISION PETITIONER(S)/APPELLANTS/RESPONDENTS:
1. K.SWARNALATHA,AGED 57 YEARS, W/O.LATE PADMANABHAN, OWN AFFAIRS, CHIRAMJEEV PUTHUSSERI PARAMBA, KOZHIKODE, KOCHERI AMSOM DESOM, KOZHIKODE TALUK-673 001.
2. K. SUNITHA,AGED 35 YEARS,
3. K. SUJA,AGED 33 YEARS, D/O.LATE PADMANABHAN, CHIRAMJEEV PUTHUSSERI PARAMBA, KOZHIKODE, KOCHERI AMSOM DESOM, KOZHIKODE TALUK-673 001.
4. K. SUDHA,AGED 30 YEARS,
5. K. SUDEEP KUMAR,AGED 27 YEARS, S/O. LATE PADMANABHAN, CHIRAMJEEV PUTHUSSERI PARAMBA, KOZHIKODE, KOCHERI AMSOM DESOM, KOZHIKODE TALUK-673 001.
BY ADVS.SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENT(S)/RESPONDENTS:
1. JOHN DAVID (DIED) S/O.DAVID JOHN, PUTHUSSERY PARAMBA, NEAR KILIYANAD SCHOOL, KOZHIKODE 672 001.
2. VINCENT DAVID,AGED 64 YEARS, -DO- -DO-
3. JOYSI, W/O.JOHN DAVID,AGED 69 YEARS, -DO- -DO-
4. TELSON DAVID,AGED 49 YEARS,
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CRP(LR) 225 OF 2014:
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5. NELSON,AGED 48 YEARS,
6. JAISON,AGED 46 YEARS, -DO- -DO-
7. JANSILIN,AGED 43 YEARS, NAMBRATH MEETHAL VEEDU, GOVINDAPURAM, P.O.KOMMERI KOZHIKODE - 673 007
8. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM 695 001.
R2,R3 & 7 BY ADVS. SRI.AVM.SALAHUDIN SRI.A VISWANATHAN R8 BY GOVERNMENT PLEADER SRI M.I JOHNSON
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD ON 12-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
A.MUHAMED MUSTAQUE, J.
========================= C.R.P.(LR).No.225/2014
The petitioner impugning an order granting purchase of kudikidappu has approached this court. I have gone through the order. Both the orders do not indicate whether kudikidappukaran is entitled to purchase kudikidappu or not. The appellate authority observed that the parties were given sufficient opportunity and there was no illegality in the process. It is true that there is no irregularity in the proceedings of the land tribunal. But the fact that, the kudikidappukaran is entitled to purchase kudikidappu or not, has not been gone into. In such circumstances, the order of the appellate authority is set aside. The matter is remitted back to the Appellate Authority (LR), Kannur. The appellate authority shall, after hearing whether kudikidappukaran is
CRP(LR)225/2014
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entitled to purchase kudikidappu or not and also after taking into consideration all factors and objections raised in the matter, take a decision in the matter. Registry shall forthwith transfer the files along with a copy of this judgment to the appellate authority. The appellate authority shall issue notice to the parties and proceed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether the incumbent Kudikidappukaran is entitled to purchase the Kudikidappu land.
Whether the appellate authority must adjudicate on the entitlement to purchase before confirming the grant.
1 provisions across 1 enactments
K.Swarnalatha
State of Kerala
Vincent David
Joysi
K.Sunitha
K.Suja
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court