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P.K. Kumaran Vs. Thodu Sankaran and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKerala High Court
Decided On
Case NumberO.P. No. 3549 of 1972
Judge
Reported inAIR1973Ker183
ActsKerala Land Reforms Act, 1964 - Sections 77
AppellantP.K. Kumaran
RespondentThodu Sankaran and ors.
Advocates: N.K. Sreedharan,; M.A.T. Pai and; M.C. Gopi, Advs.
DispositionPetition allowed
Excerpt:
- - the contention of the applicant that they are in need of the 10 cents of the land whereon the kudikidappu is situate, read together with the offer of 10 cents from the land where they are now residing makes me doubt the good intentions of the applicants. 'you come to my place, i will go to your place' is en interesting offer. the land tribunal has the undoubted right to reject on application on the merits, or on proper grounds, but not by doubting the good intention of the applicant, or by indulging in light hearted pleasantries in matters effecting valuable rights of parties.orderv.p. gopalan nambiyar, j.1. the petitioner made an application to the land tribunal thalikulam under section 77 of the kerala land reforms act. 1963, to shift the kudikidappu of respondents 1 to 7 residing in his property. the matter was disposed of by ext. p-3 order which reads as follows:'the deposition of the 1st applicant reveals that the land on which the kudikidappu is situate measures only 10 cents of land and that the land where the 1st and 3rd applicants reside measures 60 cents. the contention of the applicant that they are in need of the 10 cents of the land whereon the kudikidappu is situate, read together with the offer of 10 cents from the land where they are now residing makes me doubt the good intentions of the applicants. 'you come to my place, i will go to your.....
Judgment:
ORDER

V.P. Gopalan Nambiyar, J.

1. The petitioner made an application to the Land Tribunal Thalikulam under Section 77 of the Kerala Land Reforms Act. 1963, to shift the kudikidappu of Respondents 1 to 7 residing in his property. The matter was disposed of by Ext. P-3 order which reads as follows:

'The deposition of the 1st applicant reveals that the land on which the kudikidappu is situate measures only 10 cents of land and that the land where the 1st and 3rd applicants reside measures 60 cents. The contention of the applicant that they are in need of the 10 cents of the land whereon the kudikidappu is situate, read together with the offer of 10 cents from the land where they are now residing makes me doubt the good intentions of the applicants. 'You come to my place, I will go to your place' is en interesting offer. But I cannot go to the extent of enforcing that offer and requisition.

I reject the application. However no rests is ordered'.

The order of the Land Tribunal is extremely unsatisfactory, and ill becomes a statutory authority which has a duty of deciding applications of this type in a quasi judicial way. The Land Tribunal has the undoubted right to reject on application on the merits, or on proper grounds, but not by doubting the good intention of the applicant, or by indulging in light hearted pleasantries in matters effecting valuable rights of parties. If 'do's' and 'don'ts' were to be prescribed for a Land Tribunal, a prescription not to pass such orders should be among the first.

2. I have no hesitation to allow this writ petition, and to set aside Ext. P-3 order and direct the Tribunal to deal with the petitioner's application in accordance with law and pass appropriate orders. The O. P. is allowed as above. No costs.


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