IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 OP(C).No. 505 of 2011(O) ------------------------ OS.146/2008 of SUB COURT, CHENGANNUR .................... PETITIONERS: ------------------ 1. MANI SUNDARESAN, MANIMANDIRAM, BUDHANOOR PO, CHENGANNOOR. 2. SREELATHA, N.G.O.QUARTERS FLAT NO.2A/17, THRIKKAKKARA, KOCHI. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA, PIN 688 001 2. THASILDHAR, CHENGANNOOR, PIN 688 001. 3. THALUK SURVEYOR, CHENGANNOOR, PIN 688001. 4. THE DISTRICT SUPERINTENDENT OF SURVEYS, ALAPPUZHA 688001. 5. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM, PIN 695 001. 6. THE VILLAGE OFFICER, ENNAKKADU VILLAGE, PIN 688 001. 7. SANTHAMMA, W/O.VIJAYAN, GOPALAKRISHNA MANDIRAM, BUDHANOOR, PERINGADU MURI, ENNAKKADU VILLAGE, PIN 688 001. 8. VIJAYAN, GOPALAKRISHNA MANDIRAM, BUDHANOOR, PERINGADU MURI, ENNAKADU VILLAGE, PIN 688 001. OPC 505/2011 9. SHIBU, S/O.VIJAYAN, GOPALAKRISHNA MANDIRAM, BUDHANOOR, PERINGADU MURI, ENNAKKADU VILLAGE, PIN 688 001. ADV. SRI.VINOD J.DEV FOR R7-9 SRI.PRAMOD J.DEV FOR R7-9 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 505/2011 APPENDIX PETITIONERS' EXHIBITS : EXT.P1: COPY OF THE THANDAPER REGISTER EXT.P2: COPY OF THE PLAINT IN O.S.NO.3/2011 EXT.P3: COPY OF THE ORDER IN I.A.NO.61/2011 EXT.P4: COPY OF THE JUDGMENT IN W.P.30231/07 EXT.P5: COPY OF THE JUDGMENT IN W.P.28234/08 EXT.P6: COPY OF THE JUDGMENT IN W.P.28372/2010 EXT.P7: COPY OF THE ORDER OF THE 1ST RESPONDENT. EXT.P8: COPY OF THE PLAINT IN O.S.NO.146/2008 EXT.P9: COPY OF THE ORDER OF THE LOK ADALATH EXT.P10 : COPY OF THE PETITION OF THE PETITIONERS EXT.P11: COPY OF THE REVIEW PETITION RESPONDENTS' EXHIBITS : EXT.R7(a) : COPY OF THE SALE DEED NO.405 OF 1975 OF THE SRO, MANNAR EXT.R7(b) : COPY OF THE COMPLAINT FILED BEFORE THE RDO, CHENGANNUR EXT.R7(c): COPY OF THE REPORT BEARING NO.B1-7704/07 DATED 2.1.2007 EXT.R7(d) : COPY OF THE REPORT BEARING NO.B1-7704/07 DATED 21.11.2007 EXT.R7 (e) : COPY OF THE REPORT BEARING NO.7704/07/B1 DATED 23.4.2008 EXT.R7(f) : COPY OF THE SKETCH EXT.R7(g) : COPY OF THE ORDER NO.G4094/07/KDIS DATED 30.5.2008 PASSED BY THE REVENUE DIVISIONAL OFFICER, CHENGANNUR //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------- O.P.(C).No.505 of 2011 ---------------------------------- Dated this the 29th day of March, 2011 JUDGMENT The petitioners filed O.S.No.3 of 2011 on the file of the Sub Court, Chengannur for partition. That suit is pending. Respondent Nos.7, 8 and 9 are defendants 4, 5 and 6 in that suit. It is submitted by the counsel appearing for respondents 7 to 9 that an item of 35 cents of property, which is also included in the schedule in O.S.No.3 of 2011, belongs to them exclusively as per R7(a) title deed No.405 of 1975, Sub Registrar's Office, Mannar. It is stated that such a contention was raised in the suit by them. 2. Respondent No.10 Viswanathan filed O.S.No.146 of 2008 before the Sub Court, Chengannur for a declaration that he has perfected his title by adverse possession over item No.2 of the plaint schedule which is the 35 cents of land claimed by respondents 7 to 9. The petitioners are not O.P.(C) No.505/2011 2 parties to O.S.No.146 of 2008. In O.S.No.146 of 2008, the parties therein settled the disputes in the Lok Adalath and according to the petitioners herein, they are not bound by Exhibit P9 award passed by the Lok Adalath. 3. In the meanwhile, certain proceedings were taken by respondents 7 to 9 before the Revenue Divisional Officer for mutation of the revenue records in respect of the 35 cents of land and to cancel the mutation effected in favour of Raghavan, the father of the petitioners herein. It is stated by the petitioners that without affording an opportunity of being heard to them, the District Collector, on appeal against the order of the Revenue Divisional Officer, passed Exhibit P7 order dated 25.2.2010 directing cancellation of mutation in the name of Raghavan and for changing of the mutation in accordance with Exhibit P9 award passed by the Lok Adalath. The petitioners filed Exhibit P11 revision before the Government challenging Exhibit P7 order passed by the O.P.(C) No.505/2011 3 District Collector. 4. The relief prayed for in the Original Petition is to quash Exhibit P9 award of the Lok Adalath in O.S.No.146 of 2008, Sub Court, Chengannur. The petitioners are not parties to O.S.No.146 of 2008. Therefore, Exhibit P9 award passed by the Lok Adalath would not be binding on them. They need not pray for quashing Exhibit P9 award. Exhibit P9 award is binding only on the parties, who were parties to O.S.No.146 of 2008. Therefore, Exhibit P9 award need not be quashed. However, being not parties to O.S.No.146 of 2008 and the proceedings before the Lok Adalath, Exhibit P9 award would not bind the petitioners. The apprehension of the petitioners that Exhibit P7 order passed by the District Collector would not be interfered with by the Government, so long as Exhibit P9 award stands, could be redressed by making it clear that the petitioners are not bound by Exhibit P9 award. While considering Exhibit P11 revision petition filed by the O.P.(C) No.505/2011 4 petitioners, Exhibit P9 award should not be projected as a defence against the petitioners. With these observations, the Original Petition is disposed of as above. K.T.SANKARAN JUDGE csl