IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 OP.No. 19152 of 1999(E) --------------------------------- PETITIONER(S): ---------------------- SRI. JOSE, S/O. THOMAS, KUTTANTHARAPEL HOUSE, PADINJATTINKARA, ANDOOR VILLAGE, PALA, MEENACHIL TALUK. BY ADVOCATE MR.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE TALUK LAND BOARD, THALASSERY. 3. SRI. K.V.ABDUL SALAM HAJI, KINAKOOL VAYALIPATH, KOLACHERRY AMSOM DESOM, KANNUR DISTRICT. 4. P.I.ABRAHAM, PALLIVATHUKKAL NOW RESIDING AT THIRUVANGAD AMSOM DESOM, THALASSERRY TALUK. BY GOVERNMENT PLEADER MR. P.K. RAVIKUMAR ADVOCATE MR.E.V.NAYANAR FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 19152 of 1999(E) C.M.P. NO. 31452 OF 1999 IN OP.No. 19152 of 1999 DISMISSED SD/- K. SURENDRA MOHAN, JUDGE 20.2.2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A TRUE COPY OF THE COMPROMISE PETITION FILED IN O.S. NO. 44/1967 BEFORE THE SUB COURT, THALASSERY EXT.P2 - A TRUE COPY OF THE REPORT FILED BY THE SPECIAL DEPUTY THAHASILDAR BEFORE THE 2ND RESPONDENT DATED 20.7.1976 EXT.P3 - A TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 20.1.1987. EXT.P4 - ATRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 17.10.1989. EXT.P5 - A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.10.1998. EXT.P6 - A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 1.6.1999. // TRUE COPY // PA TO JUDGE rhs K.SURENDRA MOHAN, J - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 19152 of 1999 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2009 J U D G M E N T This original petition has been filed challenging Ext.P6 order dated 1.6.1999 in TLB No. 1680 of 1980 of the Taluk Land Board Thalassery. As per the impugned order, Ext.P5 application filed by the petitioner to implead one Sri. C.V.C Mamu as an additional respondent in the said case has been rejected. 2. The petitioner is the 36th objector to the declaration submitted by the 3rd respondent. According to him, he is in possession of an extent of four acres of land in Sy. No. 680 in Kappad Village of Thalassery Taluk. His land has also been offered to be surrendered by the declarant as per the declaration submitted by him. According to the petitioner, Sri. C.V.C. Mamu who is the brother of the declarant is a necessary party to the proceedings since substantial extent of land are held by him also. However, the Taluk Land Board dismissed the impleading petition on the ground that the application was belated. O.P.No. 19152 of 1999 -2- 3. Ext.P1 is a petition for compromise filed before the Sub court, Thalassery in O.S. No. 44 of 1967. The suit concerned partition of the properties that belonged to one Chatoth Tarwad and properties held by the declarant, his brother and others. The recitals in exhibit P1 petition show that the properties covered by declaration of the 3rd respondent were held by his brother C.V.C. Mamu as well as the declarant. The petitioner has also produced the objections filed by the 3rd respondent before the Taluk Land Board, as Ext.P4 in this petition. At page 4 of Ext.P4, the 3rd respondent has raised a contention that Sri. C.V.C. Mamu is also a necessary party to these proceedings since the half right in respect of the properties mentioned in these proceedings belong to him. It is further stated that all the relevant and connected documents are with him. It is submitted that the Land Board proceedings are still pending and have not been concluded though there was no stay in this case. In view of the above, for a full and proper adjudication of all the issues that arise, I feel that the said Sri. C.V.C. Mamu is also a necessary party. Therefore, Ext.P6 order of the Taluk Land Board is set aside and Ext.P5 application for impleading is allowed. The Taluk Land Board shall make all efforts to complete O.P.No. 19152 of 1999 -3- the proceedings before it as expeditiously as possible, since they have been pending from 1980 onwards. The original petition is disposed of as above. K.SURENDRA MOHAN JUDGE rhs