ANTONY JOSEPH Vs. AND TRIBUNAL PAMPADI

JUDGEMENT

(1.) THE petitioner is a kudikidappukaran in a land bearing sy. No. 411/1/3 in Pampady Village belonging to the second respondent, and having an extent of 50 cents. THE second respondent filed a suit in the Munsiff's Court Kottayam under S. 77 of the Kerala Land Reforms Act, 1963 against the petitioner to shift bis homestead to a neighbouring land bearing Survey No. 702/3a in Pampady Village . THE petitioner then filed an application under S. 80b of the Act before the first respondent, the Land tribunal, Pampady for purchase of his kudikidappu and the land adjoining thereto. Consequent on the amendment of the Act, the suit filed by the second respondent was transferred to the first respondent, who by his order. Ext. P-1 dated 2011972 allowed the second respondent's application. THE petitioner's application must have been dismissed. This writ petition has been filed to quash the aforesaid order.

(2.) THE main ground urged by the petitioner's counsel is that the requirements of the Statute for passing the impugned order have not been satisfied, in that the first respondent has not described the property into which the petitioner's homestead has to be shifted with ascertainable certainty, that he has not fixed the price for the homestead or provided for payment of the same, and that he has also not provided either for payment of the shifting charges or for the transfer of the land into which the homestead is to be shifted. It is also contended that the impugned order was passed without taking any evidence, and that at any rate there is no material to support the finding that the application of the second respondent was bona fide.

(3.) I am unable to accept the contention of the petitioner's counsel that the Land Tribunal's finding that the demand of the landholder was bonafide cannot be sustained. Nothing has been stated even in the Original Petition to show that the landholder's requirement was not bona fide. It is also contended that the new site to which the kudikidappu is ordered to be shifted is lacking in many facilities. This is a matter which the land Tribunal has considered, and the objection taken to his finding in that matter cannot be sustained.