IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 CRP.No. 651 of 2008() --------------------- AA.45/2006 of APPELLATE AUTHORITY, KANNUR SM.690/2005 of LAND TRIBUNAL-II,PAYYANNUR .................... REVN. PETITIONER(S): RESPONDENTS -------------------------------- 1. NADUVALAPPIL RAJAN, S/O. KANNAN, ERAMOM AMSOM, TALIPARAMAB TALUK, P.O. KOROM, KANNUR - 670 307. 2. NADUVALAPPIL RAGHUTHAMAN, S/O. KANNAN, ERAMOM AMSOM, TALIPARAMBA TALUK, P.O. KOROM, KANNUR - 670 307. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): 3RD PARTY APPELLANT, B PARTY AND GOVERNMENT ---------------------------------------------------------- 1. PAYYANNUR EDUCATIONAL SOCIETY, REG. NO. 11/64, REPRESENTED BY ITS PRESIDENT, PAYYANNUR AMSOM AND DESOM, P.O. PAYYANNUR. 2. RAYARAMANGALATH MANAYIL SREEDEVI AMMA, ERAMAM AMSOM AND MATHAMANGALAM DESOM. 3. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/09/2008, ALONG WITH OTHER CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * C.R.P. Nos. 651/08, 663/08, 667/08, 668/07, 689/08, 688/08, 690/08 and 698/08 * * * * * * * * * * * * * * * * * * Dated: 30-09-2008 ORDER These revisions are filed by the respective A parties in suo motu proceedings initiated by the Land Tribunal No. II, Payyannur as S.M. Nos. 689, 690, 691, 692, 693, 694, 695 and 696 of 2005 for the assignment of the right , title and interest of the land owner and the intermediaries in respect of the holdings referred to in each of the proceedings. As per Sec. 72 F of the Kerala Land Reforms Act, 1963 the Land Tribunal was bound to issue notice to the land owner and the intermediaries in respect of each of the holdings . Admittedly in each of the aforesaid suo motu proceedings the appellant before the Appellate Authority below, namely, the Payyannur Educational Society, Regd. No. 11/64, Payyannur amsom and desom which was an assignee of the properties from the original jenmi was not given notice of the S.M. proceedings. The Land Tribunal had also not deputed C.R.P. Nos. 651/08, 663/08, 667/08, 668/07, 689/08, 688/08, 690/08 and 698/08 -:2:- the authorised officer to inspect each holdings for the purpose of getting a report regarding the tenancy of each of the A parties. Hence, aggrieved by the orders passed by the Land Tribunal in the year 2006, the assignee jenmi filed appeals before the Appellate Authority, Land Reforms, Kannur after seeking leave of the appellate authority. Appellate authority noticing that the appellant before it was not given notice of the suo motu proceedings and that no report of the authorised officer had been obtained, set aside the orders passed by the Land Tribunal and remanded all the cases back to the Land Tribunal for fresh determination after issuing notice to the appellant before the appellate authority. It is those orders which are assailed in these revisions by the A parties. 2. In as much as the appellant before the appellate authority in all the eight appeals was not made a party before the Land Tribunal and no notice was issued to the said appellant who represents jenmi the orders passed by the Land Tribunal without notice to the said appellant could not be said to be in accordance with the requirement under Sec. 72 (F) of the Land C.R.P. Nos. 651/08, 663/08, 667/08, 668/07, 689/08, 688/08, 690/08 and 698/08 -:3:- Reforms Act and the appellate authority cannot be faulted in setting aside the orders and remanding the case to the Land Tribunal for fresh disposal. A certificate of purchase issued under Sec. 72 (K) of the Kerala Land Reforms Act can binding only if the question of tenancy has been decided after notice to the appropriate parties. Hence, I see no reason to interfere with the orders of remand passed by the appellate authority below. These Revision Petitions are accordingly dismissed. Dated this the 30th day of September 2008. V. RAMKUMAR, (JUDGE) ani.