IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 C.R.P.No. 677 of 2005 --------------------- (O.A. 48 OF 1990 OF THE LAND TRIBUNAL, KOZHIKODE. AA.12/2001 of APPELLATE AUTHORITY(LR), KANNUR. ) REVN. PETITIONER/RESPONDENT IN APPEAL/PETITIONER IN OA: --------------------------------------------------------------------------------------------------- M.V. KRISHNANKUTTY NAIR, S/O. LATE GOVINDANKUTTY NAIR, AGED 72 YEARS, 21/1092, `SUPRABHA', PAYYANAKKAL, KOZHIKODE-673003 BY ADV. SRI.R.SUDHISH ADV. SMT.M.MANJU RESPONDENTS/APPELLANTS/RESPONDENTS: ------------------------------------------------------------------- 1. K. PREMA, W/O. LATE K.LOHITHAKSHAN, AGED 58 YEARS, ITTUEKANDY HOUSE, PANNIYANKARA, KOZHIKODE. 2. K. ANILKUMAR, S/O. LATE -DO- OF -DO- -DO-. 3. K.SUNIL KUMAR, S/O. LATE -DO-, OF -DO- -DO-. 4. K.SANTHOSH KUMAR, S/O. LATE -DO-, OF -DO- -DO-. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER ADV. SHRI BENJAMIN PAUL. ADV. SHRI A.V.M.SALAHUDIN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P. NO. 677 OF 2005 ORDER ON I.A.NO. 1861 OF 2005 IN C.R.P. NO. 677 OF 2005 DISMISSED. 09.01.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 677 OF 2005 ................................................................................... Dated this the 9th January, 2008 O R D E R The revision petitioner filed O.A.No. 48 of 1990 before the Land Tribunal, Kozhikode for assignment of appurtenant land for beneficial enjoyment and as karaima . The application was filed after the Kerala Land Reforms (Amendment)Act, 1989 (Act 16 of 1989) came into force . O.A. 48 of 1990 was disposed of by the order dated 28.11.2000. By that time, the Kerala Land Reforms (Amendment )Act , 1999 (Act 21 of 1999) also came into force . The Land Tribnunal, by order dated 28.11.2000 allowed the petitioner to purchase 6.19 cents of land in T.S.21-23-632/Pt. of Panniyankara village as karaima and land for beneficial enjoyment. Respondent Nos. 1 to 4 in the Revision filed .A.A.No. 12 of 2001 before the Appellate Authority challenging the order of the Land Tribunal . By the time the appeal was disposed of, this Court in Ratna Bai vs. State of Kerala (2004(1) KLT 632) held that the provisions of the Kerala Land Reforms (Amendment )Act, 1999 (Act 21 of 1999) are arbitrary , discriminatory, unconstitutional and violative of Article 14 of the Constitution. The Appellate Authority set aside the order of the Land Tribunal in the light of the decision in 2004 (1) KLT 632 and cancelled the certificate of purchase issued in favour of the applicant in O.A.No. 48 fo 1990. The Appellate Authority also held thus: “The right of the concerned Land Tribunal or land holder who hold land as per Karaima, coming under the enactments other than the Act 21 of 1999, for dealing or initiating fresh SM/OA for the Karaima holding , is not barred by this order”. 2. The Revision Petitioner who is the applicant in O.A. 48 of 1990 is aggrieved by the judgment of the Appellate Authority by which the entire case is C.R.P. No. 677 OF 2005 2 closed, after setting aside the order of the Land Tribunal. The Revision Petitioner is right in contending that in the facts and circumstances of the case, the Appellate Authority should have remanded the case to the Land Tribunal for consideration of the case under the Kerala Land Reforms (Amendment )Act 1989 (Act 16 of 1989 ). It was not necessary for the Appellate Authority to relegate the petitioner to file a fresh O.A. or to initiate another suo motu proceedings. 3. Accordingly, the judgment of the Appellate Authority (mentioned as order ) in so far as it closed the entire proceedings before the Land Tribunal is set aside. However, the finding of the Appellate Authority that the application is not maintainable in the light of the provisions of the Kerala Land Reforms (Amendment )Act, 1999 (Act 21 of 1999) is confirmed. O.A.No. 48 of 1990 is remanded to the Land Tribunal for fresh consideration in the light of provisions contained in the Land Reforms (Amendment)Act 1989 (Act 16 of 1989). The Land Tribunal shall afford an opportunity to both the parties to produce documents and to adduce evidence. It is made clear that I am not expressing any opinion on the merits of the claim made by the applicant in the O.A. 48 of 1990 in respect of the benefit under the Kerala Land Reforms (Amendment )Act 1989 (Act 16 of 1989). The Land Tribunal to decide the case afresh on the merits. The Civil Revision Petition is disposed of as above. K.T. SANKARAN, JUDGE. lk