IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 75 of 1997(A)
1. N.CHELLAPPAN
... Petitioner
Vs
1. ALIKUNJU MOHAMMED HANEEFA
... Respondent
For Petitioner :SRI.V.N.ACHUTHA KURUP (SR.)
For Respondent :SRI.G.S.REGHUNATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :01/04/2008
O R D E R
A.K.BASHEER, J.
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Crl.R.P.No.75 OF 1997
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Dated this the 1st day of April 2008
ORDER
This Criminal R.P. is at the instance of Chellappan who was
arraigned as A party in the proceedings before the Sub Divisional
Magistrate in respect of the property mentioned above. The Sub
Divisional Magistrate had appointed the Village Officer,
Cheruvakkal as Receiver in respect of 1 acre 9 cents of the above
property. When the applications submitted by the claimants
were dismissed by the Land Tribunal, Sri.Chellappan had moved
the Sub Divisional Magistrate with a suit. When the suit filed by
yet another claimant Sri.Pichan was dismissed, Chellappan had
moved the Sub Divisional Magistrate with a prayer to put him in
possession of the entire property. The learned Magistrate had
initiated the proceedings on October 23, 1976 in respect of the
entire extent of 2 acres 34 cents on the basis of the report
submitted by the Sub Inspector of Police, Medical College Police
Station. A preliminary order was also passed directing the A and
B parties to file their objection. An order of attachment under
Crl.R.P.No.75 OF 1997
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Section 146(1) Code of Criminal Procedure was also passed and
the Village officer was appointed as Receiver. The village Officer
took possession on November 6, 1976. Subsequently, the
learned Magistrate had passed an order on July 22, 1977
directing that A party had in possession. The said order was
challenged by B party before the Sessions Court in
Crl.R.P.109/1977 and 14/1977. The two revision petitions were
disposed of by the Sessions Court by a common order dated
November, 1977. By this order, the learned Sessions Judge
directed that 1 acre and 9 cents out of 2.3 cents shall continue in
the possession of the receiver. In other words, 1 acre 25 cents of
land was allowed to be retained by Chellappan. The said order
was challenged before this court in Crl.R.P.352/77 by the
Chellappan. The revision petition was dismissed by this court by
its order dated January 1, 1979 directing that status quo as on
that day be maintained till the matter was disposed of by the Sub
Divisional Magistrate. Thereafter, the Sub Divisional Magistrate
passed an order holding that 1 acre 9 cents shall remain under
the Receiver till the disposal of CRP 72/96 pending before this
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court. In short, an extent of one acre 9 cents is still in
possession of the Village Officer as Receiver. Since I have
already found the question of tenancy has to be decided by the
Land Tribunal afresh, I am of the view that status quo as on
today shall continue and the Village Officer shall continue to be
in possession as receiver appointed by the Sub Divisional
Magistrate till final orders are passed.
Criminal Revision Petition is disposed of as above.
(A.K.BASHEER, JUDGE)
jes