IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 CRP.No. 1595 of 2002() ---------------------- AA.44/2000 of APPELLATE AUTORITY(LR), KANNUR OA.2/1990 of LAND TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER: APPELLANT BEFORE A.A./2ND RESPONDENT BEFORE THE LAND TRIBUNAL -------------------------------------------------------------------- NADANCHERY SARVOTHAMAN, S/O. GOVINDAN, RESIDING AT NADANCHERY HOUSE, PAYYANAKKAL, P.O.KALLAI, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN RESPONDENTS: RESPONDENTS IN APPEAL PTR. & 1ST RESPONDENT IN OA -------------------------------------------------------------- 1. THAZHA UPATHIYIL ABDURAHIMAN, S/O. BAVAHAJI, RESIDING AT P.U.HOUSE, ANAMADU PARAMBA, CHAKKUMKADAVU, P.O.KALLAI, KOZHIKODE. 2. NADANCHERRY KRISHNANKUTTY, S/O. GOVINDAN, RESIDING AT NADANCHERRY HOUSE, PAYYANAKKAL P.O.KALLAI, KOZHIKODE. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. BY ADVS. SRI.JACOB ABRAHAM FOR R1 SMT.KOCHUMOL KODUVATH FOR R1 GOVERNMENT PLEADER SRI. THOMAS JOHN AMBUKAN FOR R3 SRI.A.T.THOMAS FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.P. NO.3948 OD 2002 IN C.R.P. NO. 1595 OF 2002. DISMISSED 29.5.2008. Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 1595 OF 2002 -------------------------------------------- Dated this the 29th day of May, 2008 O R D E R The revision petitioner is the appellant before the Appellate Authority and the second respondent before the Land Tribunal. The first respondent herein is the petitioner in O.A. No. 2 of 1990 on the file of the Land Tribunal, Kozhikode. 2. The petitioner filed the Original Application under Section 54 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the "Act") seeking assignment of the appurtenant land of the petition schedule property for his beneficial enjoyment. According to him, he is in occupation of certain land as karaima and appurtenant land as beneficial enjoyment. The Land Tribunal deputed the Special Revenue Inspector to make an enquiry and to submit a report. The report filed by the said officer was subsequently set aside in view of the objections filed by the respondents and an Advocate Commissioner was appointed for enquiry. In his report, the Advocate Commissioner recommended assignment of C.R.P. NO.1595/2002 2 6.906 cents of land to the petitioner. The said commission report was also opposed by the respondents and in 1998 another Advocate Commissioner was appointed who submitted his report on 9.11.1998. The above report was also not relied on for the reason that the land occupied by the petitioner was not specified in the report. The last report was submitted by the Special Revenue Inspector on 1.2.2000 recommending assignment of 6.40 cents of land to the petitioner as karaima and beneficial enjoyment as on 1.1.1970. Based on the above report, the Land Tribunal allowed O.A. No. 2 of 1990 permitting the petitioner to purchase 6.40 cents of land as karaima and beneficial enjoyment. In the appeal filed by the revision petitioner as A.A. No.44 of 2000 before the Appellate Authority (Land Reforms), Kannur, the matter was again agitated. The Appellate Authority accepted the report dated 1.2.2000 filed by the Special Revenue Inspector holding that there was no objection to the said report. The Appellate Authority confirmed the order passed by the Land Tribunal. In this revision, the revision petitioner challenges the findings recorded by the authorities below. 3. Learned counsel appearing for the revision petitioner submitted that the Amendment Act 21 of 1999 to the Kerala Land Reforms Act was struck down by this Court in the decision reported in Ratna Bai v. State C.R.P. NO.1595/2002 3 of Kerala, 2004(1) K.L.T. 632 and, therefore, the law applicable is Explanation to Section 2(23A) of the Act. As per the said provision, the maximum extent of land which can be assigned for beneficial enjoyment is 3 cents in Municipal/Corporation areas. Counsel further submitted that in the light of the above provision, the petitioner in O.A. No.2 2 of 1990 is entitled only to a maximum extent of 3 cents and not any extent beyond that. 4. In view of the above provision contained in the Act, the contention of the learned counsel appearing for the revision petitioner is accepted. The land assignable to the petitioner in the Original Application under the provision referred to above is only 3 cents. A purchase certificate shall be issued to the petitioner in O.A. No.2 of 1990 for the said extent. The impugned order passed by the Land Tribunal as confirmed by the Appellate Authority is modified to that extent. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.1595/2002 4 HAURN-UL-RASHID, J. C.R.P. NO. 1595/2002 O R D E R 29th MAY, 2008