IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 RP.No. 555 of 2004(G) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.12877/1995 Dated 14/03/2002 .................... REVIEW PETITIONER(S): REVISION PETITIONERS ------------------------------------------ 1. C.T.KATHIRESAN S/O. CHIDAMBARAM, 18 ROOM, K.D.H.VILLAGE, DEVIKULAM TALUK, MUNNAR. 2. K.T.NACHAMMA W/O. KATHIRESAN, DO.DO. 3. K.T.PALANIYAPPAN S/O. KATHIRESAN, DO. DO BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): --------------- 1. K.R.ANIYANKUNJU, KAVUMPURAYIL HOUSE, POTHAMEDU, PALLIVASAL, IDUKKI DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM. 3. THE TAHSILDAR, DEVIKULAM. 4. THE SPECIAL TAHSILDAR, (LAND ASSIGNMENT) DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER Sri. Dileep Mohan SRI.P.K.SURESH KUMAR FOR R1 SRI.N.M.VARGHESE SRI.ROY THOMAS SMT.MINI.V.A. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06/10/2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- R.P.No.555/04 in O.P.No.12877/1995 --------------------------------------------------- Dated this the 6th day of October, 2009 O R D E R Review of the judgment in O.P.No.12877/1995 is sought for in this review petition. 2. O.P.No.12877/95 was filed by the first respondent herein, contending that he was in possession of 5.37 acres of land in Sy. No.540 of Pallivasal Village as per the transfer agreement. It was stated that in report of the aforesaid land he was entitled to be issued Patta in the land assignment proceedings in L.A.Nos.9,10 and 11 of 1983. The Original Petition was disposed of by the judgment dated 14th March, 2002 directing the Special Tahsildar (Land Assignment) Devikulam to complete the land assignment proceedings by granting Patta in favour of the petitioner within the time specified therein. 3. The review petitioners were not the parties to the Original Petition. Long after, they filed this review, complaining that on the strength of the directions in the judgment, properties in their possession are also proposed to be assigned to the first respondent. It is stated that the review petitioneres are in R.P.No.555/04 :2 : possession and enjoyment of 16.67 acres of land situated in Sy.Nos.462,463,466 and 540 of Pallivasal Village. According to them, on various occasions first respondent attempted to trespass into their properties, as a result of which they had to file O.S.No.254/03 before the Musiff Court, Devikulam and obtained an order of injunction as well. 4. Irrespective of the various controversies that are raised, the only safeguard which the petitioners herein could have claimed in this proceedings is that any order that is passed in pursuance to the direction in the judgment in O.P.NO.12877/95 shall not be to their prejudice. If at all there is any civil dispute between the parties, the same is to be resolved in appropriate proceedings in a civil court 5. Accordingly, the review petition is disposed of, clarifying that, any order that is to be passed in pursuance to the direction in the judgment in the O.P. shall not be to the prejudice of the review petitioners or affecting the land in respect of which they have claim. It is further directed that, before final orders are passed as directed in the judgment, the 4th respondent herein shall also issue notice to the review petitioners and they shall also be heard in the matter. R.P.No.555/04 :3 : Review petitioners shall produce a copy of this order, before the 4th respondent for compliance. (ANTONY DOMINIC) JUDGE vi/