Gopinathan vs State Of Kerala And Others on 11 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 600 of 2009()



1. GOPINATHAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.C.A.ANOOP

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :11/11/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
              C.R.P.No.600 OF 2009
           --------------------------
    Dated this the 11th day of November 2009
     -------------------------------------

                       ORDER

Revision is directed against the order

dated 30/09/2009 in A.A No. 12 of 2007 passed by

the Appellate Authority(Land Reforms), Thrissur.

The revision petitioners had filed an appeal before

the Appellate Authority challenging an order passed

by the Land Tribunal, Wadakkanchery in O.A

No. 2296/1976 issuing a purchase certificate in

favour of the predecessor of the respondents in the

revision. The revision petitioners are in

possession of the property in respect of which the

purchase certificate had been obtained by the

applicant in the above O.A and the certificate had

been so obtained fraudulently after making some

corrections in the name of the applicant in the

application moved by another person was the crux of

the case canvassed in the appeal to impeach the

C.R.P.No.600 OF 2009 Page numbers

certificate issued by the Land Tribunal. The

Appellate Authority was not satisfied of the

grounds canvassed by the revision petitioner to

challenge the certificate which had been issued by

the tribunal nearly 30 years ago. At the time of

hearing of the revision, impeaching the correctness

of the order passed by the Appellate Authority, the

learned counsel for the petitioner confined his

submissions to seek permission to canvass his

challenges against the order issued by the Land

Tribunal in the O.A No.2296/1976 in favour of the

predecessor of the respondents by way of a suit

before the Civil Court. Since the petitioners have

got a case that the issue of purchase certificate

by the tribunal is vitiated by fraud they may be

given a chance to challenge that certificate in the

competent civil court as provided by law is the

submission of the counsel. It is open to the

petitioner to seek whatever remedies available

C.R.P.No.600 OF 2009 Page numbers

under law to impeach the correctness of the

purchase certificate issued in the O.A by the Land

Tribunal. Reserving the right of the petitioner to

seek such remedies, if so available, the revision

is closed.

Sd/-

S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv