IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 1049 of 2010(O) -------------------------------------- OS.852/2006 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER(S): ----------------------- KAMALA, W/O.N.R. SURENDRAN, NAMBYATHUSSERY, MUHAMMA.P.O. BY ADV. MR.D.PREM KAMATH RESPONDENT(S): ------------------------- 1. T.V. VALSAMMA, W/O.BAHULEYAN, ILLICKAL HOUSE, CHARAMANGALAM MURI, THANNEERMUKAM SOUTH VILLAGE. 2. SYAMALATHA, W/O.SUKUMARAN, BHAVANJ NILAYAM, FROM CHARAKATTU, PERUNNERMANGAKAM MURI, MARARIKULLAM NORTH VILLAGE. 3. ANIL KUMAR, S/O.SYAMALATHA, BHAVANJ NILAYAM, FROM CHARAKATTU, PERUNNERMANGAKAM MURI, MARARIKULLAM NORTH VILLAGE. 4. SIVAJI, S/O.SYAMALATHA, BHAVANJ NILAYAM, FROM CHARAKATTU, PERUNNERMANGAKAM MURI, MARARIKULLAM NORTH VILLAGE. 5. GEETHA, D/O.SYAMALATHA, BHAVANJ NILAYAM, FROM CHARAKATTU, PERUNNERMANGAKAM MURI, MARARIKULLAM NORTH VILLAGE. 6. SHAJI, POTTACHALIL, MUHAMMA.P.O. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.1049 OF 2010 -------------------------------- Dated this the 18th day of January 2010 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records pertaining to this case leading to Ext.P3 and quash the same issuing a Writ of Certiorari. ii) Call for the records leading to Ext.P3 and quash Ext.P3 and issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Additional Munsiff Court, Cherthala to hear the matter afresh in accordance with law after considering the legal aspects put before it within a time frame fixed by this Hon'ble Court. iii) Pass such other orders or directions that this Hon'ble Court may deem fit and proper in the circumstances. 2. Petitioner is the 5th defendant in O.S No. 852 of 2006 on the file of Additional Munsiff Court, Cherthala. Suit is for declaration, recovery of possession and injunction, and the 1st respondent is the plaintiff. Resisting the suit claim, the petitioner/5th defendant in her written statement has contended that she is entitled to the benefits under Section 106 of the Kerala Land Reforms Act and a reference be W.P.(C).No. 1049 OF 2010 Page numbers made to Land Tribunal for consideration of her claim thereunder. The learned Munsiff after hearing both sides relying on “Govinda Panicker v Sreedhara Panicker” (2001(1) KLT 631) held that the claim raised by the petitioner under Section 106 of the Kerala Land Reforms Act need not be referred to the Land Tribunal as it can be considered with other issues by the court itself. Challenge is raised against that order invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and hence it is dispensed with . This court has held in “Govinda Panicker v Sreedhara Panicker”(2001(1) KLT 631) a reference to the Land Tribunal as mandated under Section 125(3) of the Kerala Land Reforms Act emerge for consideration only where rights of a tenant or a kudikidappukaran arise for consideration. The rights of a tenant requiring reference arise only where it is shown that the person who seeks such reference has the W.P.(C).No. 1049 OF 2010 Page numbers status of a cultivating tenant as defined under Section 2(57) and Section 13 of the Kerala Land Reforms Act. So far as a claim under Section 106 of the Kerala Land Reforms Act is concerned, he is entitled only to a protection from eviction subject to liability to pay rent on satisfaction of the conditions prescribed under that Section entitling such protection from eviction. Such a person seeking protection from eviction by virtue of Section 106 of the Kerala Land Reforms Act cannot claim the status of a cultivating tenant entitled to fixity of tenure. It was in that backdrop, this court held that in adjudication of a claim raised under Section 106 of the Kerala Land Reforms Act, no reference to the Land Tribunal is called for and such claim can be considered by the civil court. Challenge raised against the impugned order is found to be meritless. Writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv