IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 CRP.No.815 of 2008 ------------------------ I.A.813/08 IN OS.150/2003 of MUNSIFF COURT, KALPETTA .................... REVN. PETITIONER: IST RESPONDENT/PLAINTIFF ---------------------------------------------------------- A.P.NANDINI, D/O. ANOTHPOZHUTHANA EDATHIL PARUKUTTY MOOPPILAMMA,RESIDING AT 'CHITHRA' POZHUTHANA P.O. ACHOORANAM VILLAGE, VYTHIRI TALUK,WAYANAD DISTRICT BY ADV. SRI.K.RAMACHANDRAN RESPONDENTS/PETITIONER & R2 & R3/DEFENDANTS --------------------------------------------------------------- 1. KURICHERMALA PLANTATIONS LTD REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, KURICHERMALA ESTATE P.O. POZHUTHANA, ACHOORANAM AMSOM, VYTHIRI TALUK, WAYANAD DISTRICT. 2. HARRISONS MALAYALAM LTD REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, NO.3, BRISTOW ROAD, WELLINGTON ISLAND, COCHIN-3 ERNAKULAM DISTRICT. 3. THE MANAGER HARRISONS MALAYALAM LTD, ACHOOR ESTATE PO POZHUTHANA, ACHOORANAM AMSOM, VYTHIRI TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE DAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P. No.815 of 2008 ------------------------------------------------ Dated this the 14th day of November, 2008 ORDER Heard the counsel for the petitioner. In the nature of the order that I propose to make in the C.R.P, it is not necessary to issue notice to the respondents. The grievance of the petitioner/plaintiff highlighted before me by the learned counsel is that though they claimed exemption from the provisions of the tenancy and contended that a reference is not required to be made to the Land Tribunal under Section 125(3) of the Land Reforms Act, the learned Munsiff has ordered a reference by an elaborate speaking order whereunder he has made certain observations also on the merits of the contentions which will go against the case of the petitioner/plaintiff. In fact while making a reference to the Land Tribunal C. R. P. No.815 of 2008 -2- no discussion on the merits of the case was warranted and it is for the Land Tribunal to decide as to whether the tenancy claimed is allowable or not or whether it is exempted. The grievance is that with respect to the exemption claimed from tenancy also the learned Munsiff has made certain remarks in the elaborate reference order passed on I.A.813/08. I am satisfied that in the discussions which covers about 20 pages in the impugned order, making observations on merits of the contentions was quite unwarranted. 2. In the result, I dispose of this C.R.P directing the Land Tribunal concerned that the Tribunal shall answer the issue regarding tenancy referred to it untrammelled by any of the observations made by the Munsiff in the reference order. The Land Tribunal shall expedite the disposal of the case considering C. R. P. No.815 of 2008 -3- the fact that the suit is one of the year 2003. K.P.BALACHANDRAN, JUDGE kns/-