High Court Kerala High Court

Rajendran vs Karimpanakkavu Devaswom on 23 March, 2010

Kerala High Court
Rajendran vs Karimpanakkavu Devaswom on 23 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 193 of 2009()



1. RAJENDRAN
                      ...  Petitioner

                        Vs

1. KARIMPANAKKAVU DEVASWOM
                       ...       Respondent

                For Petitioner  :SRI.K.S.BHARATHAN

                For Respondent  :SRI.P.RADHAKRISHNAN (1)

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :23/03/2010

 O R D E R
                      P. BHAVADASAN, J
                    ---------------------------
                   C.R.P.No.193 OF 2009
                -----------------------------------
          Dated this the 23rd day of March, 2010

                           O R D E R

Aggrieved by the order dated 24.12.2008 in AA.30/03

before the Appellate Authority, Under the Kerala (Land

Reforms Act), the respondent come up in revision.

2. The petitioner claims that he had obtained a

purchase certificate dated 13.3.1991 in suo-moto

proceedings No.1141/78, 1142/78, 1143/1978 by order

dated 10.3.1986 of Land Tribunal, Thrissur. The petitioner

claims to be in absolute possession and enjoyment of 67

cents of land consisting of 251/2 cents of garden land in

survey No.1285/P 91/2 cents Nilam in survey No.1284/P and

32 cents of Nilam in Survey No.1286/1 and 2 of Kalloor

Vadakkummury Village. It is claimed that the purchase

certificate was issued in pursuance of compromise, validly

entered into between the petitioner and the first respondent

CRP No.193/09 2

who was the land lord then. It is claimed that first

respondent was represented by a lawyer. While the

petitioner was enjoying the land conveyed to him, it is

stated that the respondents began to interfere with his

peaceful possession and enjoyment of the property and that

constrained the petitioner to file O.S.148/03 before the

Munsiff Court, Chalakudy for an injunction. An interlocutory

application was filed for interim relief and that was granted.

Since the respondent in the I.A violated the order of

injunction, proceedings initiated for that purpose also.

3. The first respondent who is the present Manager,

filed a petition before the Appellate Authority against the

order of granting purchase certificate by the Land Tribunal,

Thrissur. There was a delay in filing the appeal, for which

application for condonation of delay was filed. Despite the

objection filed, without considering the objections from the

side of the petitioner, delay was condoned and appeal was

taken on file and later by the impugned order, the appeal

CRP No.193/09 3

was remanded and directed the Land Tribunal for fresh

consideration.

4. The learned counsel appearing for the petitioner

pointed out that the main basis on which Appellate Authority

persuaded to remand the case was absence of compromise

deed among the record, based on which purchase certificate

said to be have been issued. It is pointed out that records

are now available and it contains the compromise entered

into between the parties and the matter requires

reconsideration.

5. The learned counsel appearing for the respondent

pointed that if it is being remanded for fresh consideration

by the Appellate Authority for the issued raised by the

appellant the objections raised by the respondent are also to

be considered.

6. The files made available before this court were

CRP No.193/09 4

perused. This court had opportunity to go through the file in

which compromise is seen recorded and said to have issued

in favour of the petitioner. It is contended before this court

by the respondent that the Manager who is said to have

signed the compromise deed has not signed and filed

compromise. The very compromise is in dispute. All these

are matters which are to be considered by the appellate

authority who is a fact finding body. In the light of the

above fact it is only proper that appellate authority

reconsider the issue.

7. In the result, this revision petition is allowed,

impugned order is set aside. The Appellate Authority is

directed to consider this matter afresh in the light of what

has been stated above after hearing both sides. The

Appellate Authority is directed to keep the file in safe

custody.

P. BHAVADASAN, JUDGE.

Sou.