IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 32943 of 2007(V) -------------------------- AGAINST THE ORDER DATED 25/07/2007 IN IA 4198 OF 2006 IN OS.242/2006 of ADDL.M.C.-I,KOZHIKODE .................... PETITIONERS: 1. AMAT MADHUSOODHANAN, AGED 73 YEARS, S/O.CHATHU, AMAT HOUSE, KALATHINKUNNU AMSOM, DESOM OF KOZHIKODE TALUK. 2. AMAT MEERA, MADHUSOODHANAN, AGED 60 YEARS, W/O.AMAT MADHUSOODHANAN, AMAT HOUSE, KALATHINKUNNU AMSOM, DESOM OF KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH SRI.P.P.BALAN SMT.M.MANJU RESPONDENTS: KALICHATHU BALAN, AGED 71 YEARS, S/O.KRISHNAN, MANGAT KIZHIKILAM, KALATHINKUNNU AMSOM, DESOM OF KOZHIKODE TALUK. BY ADV. SRI.M.S.VINEETH -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 32943 OF 2007 ............................................ DATED THIS THE 30TH DAY OF JUNE, 2008 JUDGMENT Petitioners are the plaintiffs and respondent, the defendant in O.S.242 of 2006 on the file of Munsiff Court, Kozhikode. The suit is for recovery of possession. Respondent claimed fixity of tenure. Petitioners specifically contended that tenancy was decided by the Land Tribunal and therefore respondent is not entitled to claim tenancy in respect of the remaining property. I.A.4198 of 2006 was filed by petitioner to refer the suit to the Land Tribunal under Section 125(3) of Kerala Land Reforms Act. Under Ext.P7 order, learned Munsiff allowed the petition and referred the case to the Land Tribunal. This petition is filed under Article 227 of Constitution of India, challenging Ext.P7 order. 2. Learned counsel appearing for petitioners and respondent were heard. Learned counsel appearing for petitioners made available for reference the order in SMC 1562/1978 passed by Deputy Collector(Land Tribunal), Vadakara on 30.5.1978, allowing respondent to purchase the jenmom right in respect of the property claimed therein. This document was WP(C) 32943/2007 2 not made available to the learned Munsiff while considering I.A.4198 of 2006. As rightly pointed out by learned counsel appearing for petitioners, if Land Tribunal has already settled the claim regarding fixity of tenure raised by respondent, that question cannot be reagitated and that question will not arise for consideration in the suit. If so, a reference as provided under Section 125(3) of Kerala Land Reforms Act is not warranted. In such circumstances, Ext.P7 order is quashed. Learned Munsiff is directed to reconsider I.A.4198 of 2006 in the light of the order passed by Deputy Collector(LR) Vadakara. Petitioners to produce copy of the order and relevant records before the trial court. M.SASIDHARAN NAMBIAR, JUDGE lgk/-