JOSEPH KUNJU Vs. POLY MENDEZ AND OTHERS

JUDGEMENT

(1.) THE Original petition is to quash Ext. P13 proceedings of the District Collector, Ernakulam, dated 26 -5 -1990. The facts necessary for the disposal of the Original Petition are the following: - Petitioner is the owner of a land in Sy. No. 199/4, 199/8 end 200/1..There were five kudikidappukars in the property. Petitioner required the land for construction of a building tor his own residence and so lie filed five applications before the Land Tribunal, Palluruthy as O. A Nos. 307 to 311 of 1975 for shifting of the kudikidappus under Sec. 75(2) of the Kerala Land Reforms Act, The applications were later transferred to the Vypeen Land Tribunal. The contention of the kudikidappukars in these applications was that there is no bona fides in the applications and that the distance of the alternate sites offered is more than one mile and accordingly the condition mentioned in Sec. 75(2) is not satisfied. There were two reports by two Revenue Inspectors regarding the distance of the alternate site from the kudikidappu site, one report saying that it is beyond one mile and the second report saying that it is within one mile. The second report was by one Jameela who was a Revenue inspector at ' that time and who later became the Land Tribunal. Overruling the objections of the kudikidappukars, these applications were allowed by separate orders dated 27 -2 -78 which are produced as Ext. P1 series in this O. P. Against the above orders, 5 appeals were preferred by the kudikidappukars as L R. A. S. Nos. 500 to 504 of 1978 before the Appellate Authoriiy, Ernakulam. During the pendency of the appeals the kudikidappukars died and their lpgal representatives were impleaded. By Ext. P2 series orders dated 6 -6 -1981 the appeals were dismissed by the Appellate Authority and the shifting orders passed by the Land Tribunal were confirmed. Against the orders two kudikidappukars in O A Nos. 310 and 311 of 1975 filed C. R. P. Nos. 1307 and 1311 of 1982 before this Court under Sec. 103 of the Act. By Ext. P3 orders dated 23 -7 -86 this Court also confirmed the orders of shifting charges were increased from that awarded by the Land Tribunal and the Appellate Authority. Thus the orders of the Land Tribunal allowing shifting of kudikidappus became final in respect of these five kudikidappukars. The trouble of the land owner started after that. He executed the necessary documents regarding the alternate site and filed applications for execution of the orders. On 15 -4 -1986 notice was issued to the kudikidappukars to shift from the kudikidappus to the alternate site on or before 23 -4 -1986. On 21 -4 -1986, the legal representatives filed Objections to execution in O. A. Nos. 307 to 309 of 1975. On 25 -4 -86, O. P. No. 2912 of 1986 was filed by persons claiming to be kudikidappukais in the aforesaid O. As.for a mandamus restraining the Land. Tribunal from executing the orders and the shifting was stayed by this Court. Ultimately by Ext. P4 dated 27 -6 -1988 the Original Petition was dismissed. Later, they moved the Land Board under Sec. 101 (2) (d) of the Kerala Land Reforms Act for transfer of the cases from the Land Tribunal to another Land Tribunal. It seems Smt. Jameela the Revenue Inspector who filed the report in the case had become the Land Tribunal by that time and she was the Land Tribunal Vypeen who had to execute the orders. By Ext. P5 order dated 27 -2 -89 the Land Board dismissed the applications against which C.R.P. 850 of 1989 was filed before this Court. By Ext. P6 order dated 7 -4 -89 that CR.P was dismissed. In the meanwhile, on 13 -12 -88, 5 persons claiming to be the legal representatives of the kudikidappukars in certain cases filed applications to gat themselves impleaded and challenged the orders of the Land Tribunal allowing shifting. On 14 -12 -88 those applications were dismissed by the Land Tribunal against which five appeals were filed before the Appellate Authority and the execution of the orders of shifting was stayed. After the dismissal of the five appeals C. R. P. Nos. 2143 to 2147 of 1989 were filed before this Court and by Ext. P8 order dated 22 -12 -89 those revisions were allowed and they were directed to de impleaded and their objections heard. The kudikidappukars also had filed a suit before the vacation court as O. S. No. 565/89 and an application for temporary injunction was also moved for restraining the landowner from executing the order for shifting. Though a temporary injunction was originally panted, after' vacation the matter was hoard and the temporary injunction was vacated. The kudikidappakars again moved the Land Board for transfer of the cases from the Land Tribunal and obtained a stay of further proceedings in the matter. Smt. Jameela who was the Land Tribunal at that time in her comments to the transfer applications bad also stated that the cases may be transferred from her file But, inspite of that, by Ext. P9 order dated 12 -2 -90 the Land Board dismissed the applications for transfer. The land owner -petitioner then filed O. P. No. 4949 of 1989 to direct the Land Tribunal to proceed with execution. By Ext. P10 judgment dated 7 -7 -89, this Court allowed the Original Petition and directed the Land Tribunal to proceed with the matter. The kudikidappukars filed W. A. No. 599 of 1989 which was also dismissed under Ext. Pll judgment dated 20 -10 -89 subjected to the result of C. R. P. Nos. 2143 to 2147 of 1989. Later, persons claiming to be kudikidappukars filed a petition dated 25 -12 -89 before the Revenue Minister, Kerala alleging malpractices on the personnel of the Land Tribunal. In that petition they challenged even the original order for shifting, contending that it is not bona fide and that the alternate site is beyond one mile from the kudikidappu site and that the shifting order cannot be executed as it is illegal. It was also alleged in the petition that the then Land Tribunal was taking a partisan attitude towards the land owner and accordingly they prayed that the cases may be transferred from the file of the Land Tribunal where Jameela is the presiding officer and also prayed for appropriate orders in the matter. No orders were passed on that petition and so the kudikidappukars filed O. P. No. 3993 of 1990 before this Court for a mandamus directing Government to dispose of the complaint petition and pass appropriate orders. At the admission stage itself, without notice to any of the other parties, that Original Petition was disposed of by a learned Single Judge of this Court by Ext. P12 judgment dated 24 -4 -90. In Ext. P12 judgment this Court directed the petitioners to make available before the District Collector a copy of the representation filed before the Minister mentioned above and dated 25 -12 -89. This Court further directed as follows:

(2.) IN pursuance to the order of this Court in Ext.P12 the petitionee presented a copy of their petition dated 25 -12 -89 before the Collector. The Collector enquired into the matter and ultimately held by his order dated 26 -5 -90 as follows:

(3.) I heard counsel for the petitioner, Counsel for the respondents kudikidappukars as also the Government pleader. There cannot be any doubt that the order of the Collector setting aside the orders of the Land Tribunal confirmed in revision by this court is absolutely without jurisdiction and void. Under Sec. 125 of the Kerala Land Reforms Act exclusive jurisdiction is vested in the Land Tribunal to decide or deal with any question or to determine any matter which is by or under the Act required to be settled, decided or dealt with or to be determined by the Land Tribunal. Sec. 75(2) provides the conditions under Which a kudikidappu can be shifted end Sec. 77 of the Act provides that an application for shifting has to be made before the concerned Land Tribunal. From the aforesaid provisions it is absolutely clear that exclusive jurisdiction is vested in the Land Tribunal to deal with an application for shifting of a kudikidappu under Sec. 75(2)of the Act and pass appropriate orders in the matter. The Act also provides an appeal to the Appellate Authority from the orders of the Land Tribunal under Sec. 102. Under Sec. 103 of the Land Reforms Act a revision is provided before this Court against the final order passed by the Appellate Authority. Thus it can be seen that the Kerala Land Reforms Act is a complete Code in itself and exclusive jurisdiction to decide a matter under Sec. 75(2) is vested in the Land Tribunal, the Appellate Authority and this Court exercising revisional power under See. 103 of the Act. In the case on hand the issue before the Land Tribunal was whether the applications filed by the land owner were bona fide and whether the other conditions mentioned in Sec. 75(2) are satisfied which will enable that authority to pass an order for shifting. The Land Tribunal, the exclusive authority to decide that question, held that the land owner is entitled to shift the kudikidappukars. The Appellate Authority confirmed those orders, These applications and the appeals were disposed of jointly and three kudikidappukars out of five filed revision before this Court and the order for shifting was confirmed. The question as to whether the conditions under Sec. 75(2) were satisfied was considered by all the three authorities competent to consider the same under the Land Reforms Act and they were unanimous in coming to the conclusion that the land owner has satisfied the conditions mentioned in the said Section and is entitled to an order for shifting. The orders have become final. No provision of law was shown to me by which the Collector is entitled to set aside an order passed by the statutory authorities under the Act, including this Court. In that view of the matter, I have no hesitation to hold that the Collector acted without any jurisdiction and Ext. P13 order is a nullity and is liable to be set aside.