IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 CRP.No. 441 of 2009() -------------------------------- AA.48/2004 of APPELLATE AUTHORITY(LAND REFORMS),THRISSUR. O.A. NO.546/1976 OF LAN TRIBUNAL, TALIKULAM. .................... REVN. PETITIONER(S):APPELLANTS (NOT PARTIES BEFORE THE LT) ---------------------------------- 1. SURESH, S/O.ERANEZHETH PADINJATTIYIL SUDHAKARAN, CHERKKARA DESOM, NATTIKA VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. VENUGOPALAN, S/O.THAZHATHUPARA UNNERI, DO. DO. DO. BY ADV. MR .MAT.PAI RESPONDENT(S): RESPONDENTS BEFORE THE AA/2ND APPLICANTBEFORE ---------------------------- THE LT AND RESPONDENTS 1 AND 2 BEFORE THE LT. 1. RAMACHANDRAN EMBRANTHIRI, S/O.ATTAMKODATH ILLATH SANKARANARAYANAN EMBRANTHIRI, NATTIKA DESOM, NATTIKA VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. HARIPRASAD, S/O.LATE THACHUNNI NAIR, BHAHAYIL, P.O.VALAPPAD, PIN-680 567. 3. SREEKUMAR, S/O.LATE RAMA KRISHNA PILLAI, KARANCHERRY HOUSE, S.V.MARKET P.O., KARUNAGAPPILLY, QUILON DISTRICT. *R4 IS IMPLEADED. 4. STATE OF KERALA, REP.BY THE CHIEF SECRTARY, THIRUVANANTHAPURAM. *ADDL. R4 IS IMPLEADED AS ADDL. 4TH RESPONDENT VIDE ORDER DTD. 24.8.09 IN IA. 2522/09. SR. GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.441 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th August, 2009 ORDER The revision is directed against the order dated 25.3.2009 in AA No.48 of 2004 by the Appellate Authority (LR), Thrissur. Petitioners preferred an appeal against an order passed by the Land Tribunal issuing purchase certificate in respect of 3.96 acres of land in favour of the first respondent and his mother recognising their status as tenants over the above property. Assignment of the jenmom right over the property in favour of the above said tenants was passed by the Land Tribunal by order dated 21.5.1976. After more than three decades, the present petitioners filed an appeal challenging that order before the Appellate Authority contending that the assignment of the land made in favour of the above respondents by the Land Tribunal was vitiated by fraud and portions of the land belong to a temple. Notice being given, the respondents 1 to 3 appeared and filed statement. The Appellate Authority, after examining the records, found that the petitioners have no right over the properties and the appeal has been filed as members of the public questioning an assignment made long ago. The Appellate Authority holding that it has no right to entertain a public interest litigation dismissed the appeal. CRP 441/09 -2- 2. Notice being given, the respondents have entered appearance. I heard the counsel on both sides. Perusing the order passed by the Appellate Authority and taking note of the submissions made by the counsel on both sides, I find the challenge raised against the order passed by the Land Tribunal assigning the land involved in favour of the first respondent and his mother, after such long lapse of time, more than three decades, was prima facie not entertainable. Admittedly, the petitioners have no interest over the land other than as members of the public as interested in the welfare of a temple. Portions of the land assigned under the orders of the Land Tribunal, according to the learned counsel, is situate around a temple and, so much so, the provisions of the Land Reforms Act is not applicable to such land. The land assigned is appurtenant to a worship place is the challenge raised to impeach the assignment order by the counsel which deserves to be taken note of only for its rejection. There is nothing in the Land Reforms Act barring assignment of a land enjoyed by a tenant in his favour even if it is situate appurtenant to a worship place like temple. The revision is devoid of any merit, and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE