IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 OP(C).No. 304 of 2011(O) ------------------------------------- OA.NO.36/83 RENUMBERED AS O.A.52/2010 OF LAND TRIBUNAL, THIRUVANANTHAPURAM ................. PETITIONERS: ------------------------ 1. V.SANAL KUMAR, AGED 40, S/O.SANKARAN VELAPPAN, RESIDING AT KINATTUVILAKOM PURAYIDAM, T.C.NO.4/1732, (NEW T.C.20/2002), KOWDIAR VILLAGE AND PO,THIRUVANANTHAPURAM. 2. L.P.DEEPA, AGED 34, D/O.B.LEELA, RESIDING AT T.C.NO.4/1731, (NEW T.C.20/2001), KINATTUVILAKOM PURAYIDAM, KOWDIAR VILLAGE AND PO, THIRUVANANTHAPURAM. 3. SARASWATHY, AGED 65, D/O.SIVANI CHELLAPPAN, RESIDING AT KINATTUVILAKOM PURAYIDAM, T.C.NO.4/1725, (NEW T.C.20/2011) KOWDIAR VILLAGE AND PO, THIRUVANANTHAPURAM. 4. B.RAVEENDRABABU, AGED 65, S/O.K.BHASKARAN, RESIDING AT KINATTUVILAKOM PURAYIDAM, T.C.NO.4/1730, (NEW T.C.20/1998), KOWDIAR VILLAGE AND PO,THIRUVANANTHAPURAM. BY ADVS. SMT.MANJU ANTONEY, SRI.V.SREEVALSAN. RESPONDENT(S): ---------------------------- 1. HAJI TAR MUHAMMED SAIT, S/O.HAJI ABDULKAREEM, AGED ABOUT 65 RESIDING AT T.C.4/A, KUTHIRAVATTOM ROAD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 035. 2. LAND TRIBUNAL, CIVIL STATION BUILDING, THIRUVANANTHAPURAM-695 043. 3. SPECIAL DEPUTY COLLECTOR (LAND TRIBUNAL, ALAPPUZHA) CIVIL STATION BUILDINGS, ALAPPUZHA. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ O.P(C).No.304 OF 2011 ------------------------------ Dated this the 21st day of January, 2011 JUDGMENT The petitioners state that they are kudikidappukars. The Kudikidappukars filed applications before the Land Tribunal under Section 80B of the Kerala Land Reforms Act. The first respondent, landlord, filed application for resumption as O.A.No.36 of 1983. The Land Tribunal passed Ext.P5 order in resumption dated 29th January 1997. It is stated that some of the aggrieved persons challenged the order of the Land Tribunal in appeals before the Appellate Authority. The appeals were dismissed. In this Original Petition, the petitioners challenge Ext.P7 order dated 13.12.2010 issued by the Land Tribunal appointing a Commissioner for the purpose of demarcating the portion of the land which has to be resumed to the first respondent. O.P(C).No.304 OF 2011 2 2. The learned counsel for the petitioners submitted that the petitioners are not made parties to Ext.P7. It is stated that respondents 18, 35, 37 and 50 in Ext.P5 are the predecessors of the petitioners. 3. By the order impugned, the Land Tribunal has only appointed a Commissioner for the purpose of demarcating the portion of the land to be resumed. It cannot be said that the order is illegal or without jurisdiction. No interference is called for under Article 227 of the Constitution of India. The Original Petition is, therefore, dismissed. K.T.SANKARAN, JUDGE. cms