IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 CRP.No. 567 of 2005() --------------------- AA.64/2001 of APPELLATE AUTHORITYM (LR), KANNUR .................... REVN. PETITIONER/ RESPONDENT/APPELLANT ----------------------------------------- M.ABOOBACKER, S/O.MUHAMMED, VELLAPPALAPADY HOUSE, KARUVANTHURUTHI POST, KOZHIKODE DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/APPELLANTS/RESPONDENTS ------------------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVADNRUM. 2. E.P.PATHUKUTTY, W/O.MUHAMMED NAHA, ORKAYIL HOUSE, KARUVANTHURUTHI POST, KOZHIKODE DISTRICT. ADV. SRI.K.A.SALIL NARAYANAN FOR R2 GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.NO.567/2005 ORDER ON I.A.NO.1495/2005 IN CRP.NO.567/2005 -------------------- Dismissed 13/1/2009 Sd/- HARUN-UL-RASHID, JUDGE. HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.567 OF 2005 ---------------------------- DATED THIS THE 13TH DAY OF JANUARY, 2009 O R D E R Revision Petitioner is the petitioner in O.A.No.930/99 on the file of the Land Tribunal, Kozhikode. The said application was filed for the assignment of the appurtenant land of the petition schedule property as beneficial enjoyment of karaima land. Petitioner has occupied 2 ½ cents as karaima land and the present application is for purchase of 10 cents of appurtenant land for the beneficial enjoyment of the karaima property. 2. In the report submitted by the Special Revenue inspector it is stated; that the petitioner is a resident of the building for the last 40 years. 3. In the light of the decision reported in Ratna Bai v. State of Kerala (2004(1) KLT 632), the applicant is entitled to purchase of the appurtenant land, which is in the possession and -2- CRP.No.567/2005 beneficial enjoyment of the karaima holder or his legal heirs or any other person claiming through him as on 24th January, 1989 ; subject to the extent prescribed in the explanation 2 to Section 223A. So the question whether the applicant is entitled to purchase of the appurtenant land, in the light of the explanation to Section 223A was not considered in detail and therefore this Court direct the Land Tribunal to consider the matter afresh and take a decision within a period of four months from the date of receipt of a copy of this order. 4. Learned counsel for the petitioner submitted that the report of the Revenue Inspector does not contain in the correct data and he was not given an opportunity to file an objection to the report. The Land Tribunal shall afford an opportunity to both sides to substantiate their contentions before taking final decision in the matter. C.R.P. is disposed of as above. HARUN-UL-RASHID, Judge. kcv.