IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 8003 of 2006(C) ------------------------- PETITIONER(S): --------------- P.A.JOLLY ABRAHAM, PEDIANCHERIL HOUSE, KUMBALAM P.O. KOCHI. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------- 1. THE LAND TRIBUNAL, ERNAKULAM, TRIPUNITHURA. 2. THE REVENUE INSPECTOR, LAND TRIBUNAL, ERNAKULAM, TRIPUNITHURA. 3. MADHAVI, W/O.NARAYANAN, MAVUNGAL, KUMBALAM P.O. 4. M.S.SIVANANDAN, HEAD CONSTABLE, NO.4470, MAVUNGAL, PUTHUVASSERY HOUSE, KANJIRAMATTOM. 5. VIJAYAN, S/O.NARAYANAN, MAVUNGAL, KUMBALAM P.O. * 6. MINI PRASAD, W/O.PRASAD, C/O.RAMESAN, ( DELETED) PANDARAPPARAMBIL HOUSE, BOLGATTY. *(6TH RESPONDENT DELETED FROM PARTY ARRAY VIDE ORDER IN I.A.NO.13240/2006 DATED 26/09/2006) 7. THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, KUMBALAM. ADV. SRI.M.R.SUDHEENDRAN FOR R4 & 5 SRI.M.R.HARIRAJ FOR R4 & 5 MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8003/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF JUDGMENT DATED 18/11/1987 IN CRP NO.2395/1986. P2 : COPY OF ORDER DATED 17/10/2002 OF THE LAND TRIBUNAL ERNAKULAM IN I.A.NO.3 OF 2002 IN O.A.NO.300/1984. P3 : COPY OF ORDER DATED 09/01/2004 OF THE APPELLATE AUTHORITY (LR) ALAPPUZHA IN A.A.NO.27/2002. P4 : COPY OF APPLICATION DATED 22/02/2006 SUBMITTED BY PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8003 of 2006 (C) --------------------------------- Dated, this the 20th day of October, 2010 J U D G M E N T Petitioner's deceased father, late Shri.P.A.Abraham, was the applicant in O.A.No.825/1971 filed under Section 75(2) of the Kerala Land Reforms Act for shifting the Kudikidappu of respondents 3 to 6 from the property in survey No.136/1 of Kumbalam Village to 10 cents of land in survey No.151/1 of the same village. That application was filed before the Land Tribunal, Ernakulam, and on 26/07/1972, the Kudikidappu was ordered to be shifted. This order was challenged by respondents 3 to 6 in O.P.No.4960/72 before this Court, and this Court by judgment dated 19/07/1974, the O.P. was disposed of remanding the matter to the Land Tribunal, Ernakulam for fresh consideration as to whether the site offered by the petitioner's deceased father was adequate. 2. The Land Tribunal thereupon re-numbered the case as O.A.No.613/77, and passed order dated 24/07/1978 upholding the WP(C) No.8003/2006 -2- suitability of the land offered and ordering shifting of the Kudikidappu. Against this order, the respondents 3 to 6 filed an appeal as LRAS No.924/78, which was dismissed by the appellate authority by order dated 06/06/1981. This order was challenged by the tenants in revision before this Court as CRP No.3059/81. The CRP was disposed of by order dated 03/07/1984, remanding the matter again to the Land Tribunal and directing it to consider whether the access to the plot offered was proper. 3. Again the Land Tribunal renumbered the case as O.A.No.300/84, and after enquiry, passed order dated 07/01/1985, finding the access to be proper and confirming the order of shifting. This order of the Tribunal was appealed by the tenants by filing LRAS No.45/85, which was dismissed by order dated 15/02/1986. The appellate authority's order was the subject matter of CRP No.2393/86 filed by the tenants, which was also dismissed by Ext.P1 order dated 18/11/1987. 4. According to the petitioner, the tenants thereafter sought time and undertook to vacate from the premises, and twice the request made by them for extension of time were also allowed. In the meantime, in respect of the plot to which the tenants were ordered to be shifted, the petitioner's deceased father executed WP(C) No.8003/2006 -3- document No.2574/72 in favour of the tenants. He also remitted price of homestead and shifting charges, which also were collected by the tenants. Even thereafter they did not shift to the new premises, although they took possession of the plot of land as well. 5. Despite all these, the tenants continued to occupy not only the original plot but also the new plot, but however they did not shift to the new premises. In the meanwhile, the petitioner's father expired and in 2002 the petitioner filed I.A.No.3/02 before the Land Tribunal seeking orders for implementation of its order of shifting. In that application, the tenants, took up a contention that the price of homestead and shifting charges remitted were inadequate, and considering this plea, the Tribunal passed Ext.P2 order directing the petitioner to pay an additional amount of Rs.10,000/-. This amount was also paid and in spite of having received payment, the tenants did not shift to the new premises. Against Ext.P2 order, the tenants filed an appeal before the appellate authority numbered as AA No.27/02, which was also dismissed by Ext.P3 order dated 09/01/2004. 6. Thus in spite of the lapse of more than 20 years, the tenants did not shift from the premises and in those circumstances, the petitioner filed Ext.P4 application before the 1st respondent WP(C) No.8003/2006 -4- invoking its power under section 77 of the Kerala Land Reforms Act read with Rule 72A of the Kerala Land Reforms (Tenancy) Rules, 1970. Orders have not been passed on Ext.P4, and therefore, this writ petition has been filed to require the 1st respondent to take steps in terms of the provisions contained in Section 77 read with Rule 72A of the Tenancy Rules. 7. I heard the learned counsel appearing for the petitioner, learned Government Pleader appearing for respondents 1, 2 & 7 and also learned counsel for respondents 3, 4 & 5. 8. Admittedly, the order passed by the Land Tribunal exercising its powers under Section 75(2) has become final, at least with the dismissal of CRP No.2395/86 as per Ext.P1 order. Once such an order has become final, it is incumbent on the part of the tenants to shift as ordered by the Land Tribunal, and if that order of the Tribunal is not complied with, it is open to the Land Lord to move the Tribunal under Section 77 read with Rule 72A of the Tenancy Rules. Section 77 provides the procedure to enforce shifting of Kudikidappu, and sub section (3) thereof provides that if the Kudikidappukaran does not shift the Kudikidappu before the date specified in the order, the Land Tribunal shall cause the Kudikidappukaran to be evicted from the Kudikidappu. Rule 72A WP(C) No.8003/2006 -5- provides the manner in which the Kudikidappukaran is to be evicted. It is this power of the Land Tribunal, which is sought to be invoked by the petitioner by filing Ext.P4. 9. Admittedly, this is a case in which provisions of Section 77 and Rule 72A are attracted, and when an application is made by the Land Lord or his legal representative, the Land Tribunal is obliged to entertain the application and pass orders exercising its powers under Section 77 and Rule 72A. In that view of the matter, I dispose of the writ petition directing the Land Tribunal to deal with Ext.P4 application made by the petitioner and take steps for the implementation of its order by eviction of the tenants from the property comprised in Survey No.136/1 of Kumbalam Village. Orders in that behalf shall be passed by the Land Tribunal as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg