IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 OP.No. 15257 of 2000(N) ----------------------------------- PETITIONERS: --------------------- 1. K.V.MADHAVI, W/O.KITTAN, KOIPADY KADAPPURAM, KOIPADY VILLAGE, P.O.KUMBLA, KASARAGOD. 2. K.DAMODARAN, S/O.KITTAN, KOIPADY KADAPURAM, KOIPADY VILLAGE, P.O.KUMBLA, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: ------------------------ 1. SAJINI, W/O.RAGHAVA KOIPADY KADAPURAM, KOIPADY VILLAGE, P.O.KUMBLA, KASARAGOD. 2. SPL.TAHSILDAR (LA) KASARAGOD. 3. THE REVENUE DIVISIONAL OFFICER, KASARAGOD. 4. COMMISSION OF LAND REVENUE, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.K.G.GOURI SANKAR RAI R2 TO R5 BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.24830/2000 IN O.P.NO.15257/2000N DISMISSED 16/01/2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER IN I.A.209/91/KOIPADY BY 2ND RESPONDENT DTD. 22/05/1996. EXT.P2: COPY OF THE ORDER OF 3RD RESPONDENT IN D.DIS. 2482/95 (AA 40/96) DTD. 28/02/97. EXT.P3: COPY OF THE LRJ2-10850/97/D.DIS(1) BY 4TH RESPONDENT DTD. 10/11/99. 1ST RESPONDENT'S EXHIBIT: EXT.R1(A): COPY OF THE PROCEEDINGS OF THE TAHSILDAR, KASARAGOD PASSED IN L.A.209/91/KOIPADY/LS. DTD. 25/04/2000. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. ------------------------------------ O.P NO. 15257 OF 2000 N ------------------------------------ Dated this the 16th January, 2008 JUDGMENT First petitioner is the mother of second petitioner. The first respondent is the daughter of first petitioner and sister of second petitioner. An extent of fifteen cents in all came to be assigned in favour of the petitioners in the year 1993. Later on, the first respondent filed a complaint before the second respondent to the effect that there was earlier assignment in favour of the husband of the first petitioner and the father of second petitioner and the first respondent and there was a Gift Deed executed in favour of the first respondent comprising of property which is part of the assignment order in favour of Kittan. On the basis of the said complaint, Ext.P1 order came to be passed, cancelling the assignment in favour of the petitioners. That was cancelled by the Revenue Divisional Officer vide Ext.P2 order and the Tahsildar was given liberty to take action as per law after giving opportunity to all interested parties and after site inspection with OP 15257/00 N 2 due notice to the affected parties. The petitioners carried the matter in Revision. By the impugned Order Ext.P3, the Revisional Authority found that Ext.P2 is not a remand order and by that order, direction was given to the lower authority and the matter was left to that authority. It was modified to the effect that the case is remanded to the Special Tahsildar for fresh disposal with a direction to issue a speaking order after considering all the aspects of the case and hearing all the parties concerned and Ext.P2 order stood modified to that effect. 2. I do not think that the petitioners have made out a case for interfering with Ext.P3 in exercise of the powers under Article 226. By Ext. P3 order, it was only stated that Ext.P2 order is modified to the effect that it was remanded back for a fresh disposal with a direction to pass a speaking order after hearing all the parties. I do not see how the petitioners can be said to be aggrieved by Ext.P3. I also find that pursuant to Ext.P3 order passed by the Revisional Authority, the Tahsildar has passed order dated 25.4.2000 prior to the filing of the OP 15257/00 N 3 Original Petition on 31.5.2000. Accordingly, the Original Petition is dismissed, reserving liberty to the petitioners to challenge the impugned order passed by the Authority before the Appropriate Forum. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 15257 OF 2000 N JUDGMENT 16th January, 2008.