IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34790 of 2010(W) -------------------------- PETITIONER(S): --------------- KAMALAKSHY AMMA, 70 YEARS, D/O.NARAYANI AMMA, KUZHIVILA VEETIL, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.T.R.ASWAS RESPONDENT(S): --------------- 1. RADHAMANI, 55 YEARS, D/O.LAKSHMIKUTTY AMMA, ARATTU VEETIL, KARIKODU CHERY, KOLLAM DISTRICT-691531. 2. THE LAND TRIBUNAL, KOLLAM-691001. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 34790 of 2010 W ``````````````````````````````````````````````````````` Dated this the 19th day of November, 2010 J U D G M E N T Petitioner is the respondent in O.A.No.75/2009 filed by the first respondent before the second respondent. Ext.P1 is the copy of the application, in respect of which, petitioner filed Ext.P2 objection along with Ext.P3 Gift Deed. According to him, he contended that the claim of the kuikidappu raised by the first respondent has already been settled and, therefore, claim now raised is not maintainable. Be that as it may, on the orders of the Land Tribunal, the Revenue Inspector enquired into the matter and submitted Ext.P4 report to which also petitioner filed her objection, copy of which is Ext.P5. At this stage, petitioner challenges the whole proceedings in this writ petition. 2. In my view, if the petitioner has a case that the proceedings are not maintainable, it is an issue to be raised before the second respondent and it is for the second W.P.(C) No.34790/10 : 2 : respondent to decide the issue under Rule 81 of the KLR (Tenancy) Rules. I, therefore, leave it open to the petitioner to raise such issues before the second respondent and direct that if any such issue is raised, the same shall be dealt with by the second respondent, in accordance with law. With the above direction, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) aks