IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 CRP.NO. 218 OF 2010() --------------------------------- AA.31/2006 OF A.A.(LR),THRISSUR OA.4469/1976 OF LAND TRIBUNAL, ANGADIPURAM REVN. PETITIONER(S): ------------------------------ PALEMPADIYAN NEDUNKALATHIL MOHAMMED @ KUNHAPPA, S/O.KUTTY MOHAMMED PADINHATTUMMURI, MANKADA PALLIPPURAM PERINTALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): ----------------------- 1. MODAPPILAPPALLI MANAKKAL VASUDEVAN NAMBOOTHIRIPAD, PADINHATTUMURI, KOOTTILANGADI, PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. 2. PALEMPADIYAN NEDUNKALATHIL ABDUL HAMEED S/O.KUNHIMOIDEEN HAJI (LATE) P.N.K.HOUSE,RAMAPURAM PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. 3. PALEMPADIYAN NEDUNKALATHIL ABDUL SALEEM S/O.KUNHIMOIDEEN HAJI (LATE) P.N.K.HOUSE,RAMAPURAM PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. 4. PALEMPADIYAN NEDUNKALATHIL MOHAMMED ABDUL RAHIMAN S/O.KUNHIMOIDEEN HAJI (LATE) P.N.K.HOUSE,RAMAPURAM PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. 5. PALEMPADIYAN NEDUNKALATHIL SULAIKHA D/O. KUNHIMOIDEEN HAJI (LATE) P.N.K.HOUSE,RAMAPURAM PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. 6. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF REVENUE OF REVENUE THIRUVANANTHAPURAM. ADV. SRI.T.K.SAIDALIKUTTY FOR R1 SRI.A.A.ZIYAD RAHMAN FOR R1 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. No.218 of 2010 ==================================== Dated this the 23rd day of September, 2010 O R D E R As requested by learned counsel for petitioner notice to respondent No.2 onwards is dispensed with. 2. Challenge in this revision is to the dismissal of A.A. No.31 of 2006 by the Appellate Authority (L.R.), Thrissur. Predecessor-in-interest of petitioner obtained purchase certificate from the Land Tribunal in O.A. No.4469 of 1976 in respect of 86.75 cents of land in R.S. Nos.90/14 and 90/1 of Vadakkengara Village. Later it was found that the said property is comprised in R.S.Nos.98, 99/1A and 99/1B of Koottilangadi Village. Hence petitioner filed A.A. No.31 of 2006. In the meantime one Mathodi Narayanan obtained purchase certificate in respect of 3.43 acres in R.S. No.98 in Koottilangadi Village in O.A. No.9614 of 1976. Challenging that order petitioner filed A.A. No.25 of 2006 before the Appellate Authority. That appeal is still pending consideration. Appellate Authority dismissed A.A. No.31 of 2006 for the reason that petitioner did not implead the said Mathodi Narayanan in that appeal. That order is under challenge in this revision. Learned C.R.P. No.218 of 2010 -: 2 :- counsel for petitioner contends that the Appellate Authority ought to have granted opportunity to the petitioner to implead Mathodi Narayanan. Respondent No.1 contends that it is not merely a discrepancy in the survey number as alleged by petitioner and even the Village itself is different. Property comprised in R.S. No.98 of Koottilangadi Village (3.43 acres) has been assigned in favour of Mathodi Narayanan and hence there was nothing left to be assigned in favour of predecessor-in-interest of the petitioner in that survey number. 3. The Appellate Authority has not decided the case on merit. Instead appeal was dismissed for the reason that Mathodi Narayanan was not impleaded as a party in the appeal. Having heard counsel on both sides and in the nature of the contentions raised the said Mathodi Narayanan is a necessary party in A.A. No.31 of 2006 and hence petitioner is given opportunity to implead the said Mathodi Narayanan as a party in the appeal. Resultantly, this revision is allowed by way of remand. Order under challenge in A.A. No.31 of 2006 of the Appellate Authority (L.R.), Thrissur is set aside. That appeal is remitted to C.R.P. No.218 of 2010 -: 3 :- the Appellate Authority which shall decide the appeal as provided under law after giving petitioner opportunity to implead necessary party. THOMAS P. JOSEPH, JUDGE. vsv