IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.Rev.Pet.No. 75 of 1997(A) ----------------------------------------- (AGAINST M.C. NO.59 OF 1976, SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM) REVISION PETITIONERS - A PARTY: ------------------------------------------- N. CHELLAPPAN, PULIYARAKOTTU KONATHU PUTHUVAL PUTHEN VEEDU, CHERUVAKKAL VILLAGE (DIED) ADDITIONAL PETITIONERS IMPLEADED: ----------------------------------------------------- 2. C. RAMACHANDRAN, S/O. N. CHELLAPPAN, S/O.LATE N. CHELLAPPAN, PUTHUVAL PUTHEN VEEDU, SREEKARYAM P.O., CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM. 3. MEENAKSHY P.A. W/O. LATE N. CHELLAPPAN, DO. DO. 4. SARASWATHY M., D/O. LATE N. CHELLAPPAN DO. DO. 5. KRISHNAMMA M, D/O. DO. DO. DO. 6. SAKUNTHALA M., DO. DO. DO. 7. VASANTHA M., DO. DO. DO. 8. MURALIDHARAN, S/O. DO. DO. 9. RENUKA, D/O. DO. DO. DO. 10. UDAYAKUMAR, S/O. DO. DO. DO. ADDITIONAL PETITIONERS 2 TO 10 ARE IMPLEADED BEING LEGAL HEIRS OF DECREASED FIRST PETITIONER AS PER ORDER DATED 12.11.1997 IN CRL. M.P. N.3658 OF 1997 BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) VILAPPIL G SREEDHARAN NAIR SRI.P.SIVARAJ SRI.SHYAM KRISHNAN MANU KAMAL R.HARIKUMAR PRAKASH M.PANJIKARAN SRI.B.S.SWATHY KUMAR RESPONDENTS - B. PARTY ------------------------------------ 1. ALIKUNJU MOHAMMED HANEEFA, THUNDUVILAKATHU VEEDU, SREEKARYAM, CHERUVAKKAL VILLAGE. 2. NOORMUHAMMED PEERUKANNU, PUTHUVAL PUTHEN VEEDU, SREEKARYAM, CHERUVAKKAL VILLAGE. BY ADV. SRI.G.S.REGHUNATH SRI.M.RAMASWAMY THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/04/2008 ALONG WITH CRP NO. 72 OF 1996 & CRP NO. 1166 OF 1996 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vsv A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.75 OF 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 :: 2 :: 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 Crl.R.P.No.75 OF 1997 :: 3 :: 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