IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 CRP.No. 1007 of 2007(G) ---------------------- AGAINST THE ORDER DATED 18/10/2007 IN AA.80/2003 IN AA.79/2003 of APPELLATE AUTHORITY (LR), ALAPPUZHA OA.8/2002 of LAND TRIBUNAL, KOLLAM .................... REVN. PETITIONER: APLNTS & RSPTDS.2 & 3/RSPDTS.1 AND 2: ------------------------------------------------------------------------ 1. ABOOBACKER, ZAM ZAM T.C.19/1265, AAFFA MANZIL,MUTHODE LANE, KUNJALUMMODU, KARAMANA, TRIVANDRUM. 2. FATHIMA BEEVI, ZAM ZAM T.C.19/1265, AAFFA MANZIL,MUTHODE LANE, KUNJALUMMODU, KARAMANA, TRIVANDRUM. BY ADV. SMT.R.RANJINI SRI.S.RENJITH RESPONDENTS: RSPDTS. & APLNTS & RSPDTS.1,4 TO 7 & STATE/RSPDT.3 ------------------------------------------------------------------ 1. K. ALIYARU KUNJU, BUNGLOW PURAYIDOM, CHINNAKKADA, VADAKKUMBHAGAM WARD KOLLAM EAST VILLAGE, KOLLAM. 2. BEEVI UMMAL, BUNGLOW PURAYIDOM,VADAKKUMBHAGAM, KOLLAM. 3. SHAMSUDEEN BASHA, RESIDING AT BUNGLOW PURAYIDOM, VADAKKUMBHAGAM, KOLLAM. 4. SHEREEFA BEEVI, RESIDING AT BUNGLOW PURAYIDOM, VADAKKUMBHAGAM, KOLLAM. 5. SUHARBAN, RESIDING AT BUNGLOW PURAYIDOM, VADAKKUMBHAGAM, KOLLAM. 6. THAJUDEEN, RESIDING AT BUNGLOW PURAYIDOM, VADAKKUMBHAGAM, KOLLAM. * 7. JAINATHUMMA, ALIAS JAMEELA UMMA, RESIDING AT BUNGLOW PURAYIDOM, VADAKKUMBHAGAM, KOLLAM. (EXPIRED) 8. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, TRIVANDRUM. 9. THE APPELLATE AUTHORITY (LR) ALAPPUZHA. 10. LAND TRIBUNAL, KOLLAM. * 2ND PETITIONER AND RESPONDENTS 2 TO 6 ARE RECORDED AS THE LR'S OF THE DECEASED 7TH RESPONDENT AS PER ORDER DATED 7.2.08 IN CRP 1007/07. R1 BY ADV. SRI.B.MOHANLAL R8 TO R10 BY GOVERNMENT PLEADER SMT. R. BINDU. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.2867 OF 2007 IN C.R.P. NO.1007 OF 2007 DISMISSED 4/3/08 SD/- M.N. KRISHNAN, JUDGE. [ True Copy ] P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 1007 OF 2007 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2008. O R D E R This revision petition is preferred against the order of the Appellate Authority, Alappuzha in A.A.79/03 which is preferred against the order in O.A.8/02 of the Land Tribunal, Kollam. A perusal of the order of the Appellate Authority would reveal that it has not considered the matter in the correct perspective. The petition is one claiming kudikidappu right and when the appellate court hears the matter it has to be satisfied that all the necessary ingredients necessary to confer the kudikidappu right is available and then only pass appropriate orders. Here the Court below has only stated that there is possession and he is living with his wife and children and therefore the petition has to be allowed for kudikidappu. This is an erroneous approach therefore it is to be set aside and the matter is remitted back to the Appellate Authority for fresh consideration after hearing all concerned in accordance with law. I make it clear that the appellate court has to write a considered judgment taking into CRP NO. 1007 of 2007 -:2:- consideration the rival contentions of the parties in accordance with law. The appellate court is directed to issue notice to the parties fixing the hearing date for appearance and then dispose of the matter. C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-