IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 26950 of 2005(G) ------------------------------------- AS.8/2002 OF DISTRICT COURT, MANJERI .................... PETITIONER: ------------------- NISHA, D/O. PUTHUMADATHIL VIJAYALAKSHMI AMMA, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: ------------------------ 1. PUTHUMADATHIL KUNHUKUTTY AMMA, PUTHUMADATHIL HOUSE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. SARASWATHI AMMA, D/O. PUTHUMADATHIL KUNHUKUTTY AMMA, `UTHRATTATHI' HOUSE NO.32/2819, THAMMANAM, ERNAKULAM DISTRICT. 3. UNNIKRISHNAN, S/O. PUTHUMADATHIL KUNHUKUTTY AMMA, PUTHUMADATHIL HOUSE, PERINTHALMANNA, MALAPPURAM DISTRICT. 4. SETHUMADHAVAN, S/O. PUTHUMADATHIL KUNHUKUTTY AMMA, PUTHUMADATHIL HOUSE, PERINTHALMANNA, MALAPPURAM DISTRICT. 5. SATHYANADHAN, S/O. PUTHUMADATHIL KUNHUKUTTY AMMA, PUTHUMADATHIL HOUSE, PERINTHALMANNA, MALAPPURAM DISTRICT. 6. ANOOP, S/O. SARASWATHI AMMA, `UTHRATTATHI' HOUSE NO.32/2819, THAMMANAM, ERNAKULAM DISTRICT. 7. DEEPTHI, D/O. SARASWATHI AMMA, `UTHRATTATHI' HOUSE NO.32/2819, THAMMANAM, ERNAKULAM DISTRICT. 8. DEEPA, D/O. SARASWATHI AMMA, `UTHRATTATHI' HOUSE NO.32/2819, THAMMANAM, ERNAKULAM DISTRICT. W.P.(C) NO.26950 OF 2005 - 2 - 9. MURALEEDHARAN, S/O. SEKHARA PATHIYAR, `SREYAS', NARANGAKUDY, KALAMPARAMBA, PERINTHALMANNA, MALAPPURAM DISTRICT. 10. NANDINI, D/O. SEKHARA PATHIYAR, `SREYAS', NARANGAKUDY, KALAMPARAMBA, PERINTHALMANNA, MALAPPURAM DISTRICT. 11. PREMA, D/O. SEKHARA PATHIYAR, `SREYAS', NARANGAKUDY, KALAMPARAMBA, PERINTHALMANNA, MALAPPURAM DISTRICT. 12. REKHA, D/O. SEKHARA PATHIYAR, `SREYAS', NARANGAKUTY, KALAMPARAMBA, PERINTHALMANNA, MALAPPURAM DISTRICT. 13. VIJAYALAKSHMI AMMA, W/O. SEKHARA PATHIYAR, `SREYAS', NARANGAKUDY, KALAMPARAMBA, PERINTHALMANNA, MALAPPURAM DISTRICT. 14. VALIYAVEETTIL LEELAVATHI AMMA, PUTHUMADATHIL, PERINTHALMANNA, MALAPPURAM DISTRICT. 15. JAYASREE, D/O. VALIYAVEETTIL LEELAVATHI AMMA, PUTHUMADATHIL, PEINTHALMANNA, MALAPPURAM DISTRICT. 16. JYOTHI, D/O. VALIYAVEETIL LEELAVATHI AMMA, PUTHUMADATHIL, PERINTHALMANNA, MALAPPURAM DISTRICT. ADV. SRI.T.SETHUMADHAVAN FOR R14-16 SRI.PUSHPARAJAN KODOTH FOR R14-16 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------------- W.P.(C) No.26950 of 2005 ------------------------------------------ Dated, this the 22nd day of January, 2009 JUDGMENT The writ petitioner is the plaintiff in O.S.No.5 of 1996 on the file of the Munsiff Court, Perinthalmanna and she is the appellant in A.S.No.8 of 2002 on the file of the District Court, Manjeri. The suit was filed for partition of plaint B schedule property. After trial, the suit was dismissed and the plaintiff filed the above said appeal. 2. Petitioner filed I.A.No.766 of 2004 before the District Court, Manjeri stating that, the orders passed in S.M.524/1975 and S.M.477/1985 on the file of the Deputy Collector (LR) Malappuram, the order in O.A.No.669/1971 of the Land Tribunal, Ottapalam, the counter statement filed by the first defendant, the jenmam purchase value statement, etc. are necessary for a proper adjudication of the real dispute between the parties and, therefore, a direction was sought from the court below to the Land Tribunal concerned to issue certified copies of those documents. It is submitted by the learned counsel for the petitioner that though the respondents did not file any counter affidavit, the court below W.P.(C) NO.26950 of 2005 2 without applying its mind to the grievance of the petitioner dismissed the application saying that those documents are not relevant. Ext.P4 is the order passed by the court below. In this writ petition also the petitioner explained in detail the necessity of those documents and also the fact that she came to know of the same only during the pendency of the appeal and, therefore, she could not approach the Land Tribunal. It is also stated that immediately on getting knowledge about the Land Tribunal proceedings, she approached the Land Tribunal for certified copies. However, the Land Tribunal refused to issue certified copies and dismissed her application by its communication dated 6.10.2004 stating that since the petitioner is not a party to the S.M. her request cannot be considered. 3. Therefore, I.A.No.766 of 2004 filed before the lower appellate court stands allowed. The lower appellate court shall issue necessary direction to the Land Tribunal concerned to issue certified copy of the documents applied for by the petitioner. The lower appellate court shall also consider and decide whether those documents are necessary for an effective adjudication of the W.P.(C) NO.26950 of 2005 3 dispute between the parties, when the matter is taken up for final hearing. Writ petition is disposed of as above. HARUN-UL-RASHID (JUDGE) vns