MARY DIAS Vs. ST JACOB CHAPEL ASSOCIATION

JUDGEMENT

(1.) I have no hesitation to allow this Civil Revision Petition. This Civil Revision Petition arises in a proceeding under S.80B of the Kerala Land Reforms Act. The respondents herein claimed kudikidappu right in respect of a kurissupalli (a chapel), a place of worship. This chapel is attached to a Catholic church. The respondents, Association and the President and the Secretary of the Association, claimed kudikidappu right over the chapel. The Tribunal held that the Association is a person entitled to claim kudikidappu right. That decision was appealed against by the revision petitioners herein. The Appellate Authority confirmed the decision of the Tribunal.

(2.) To claim kudikidappu right one must satisfy the definition of a kudikidappukaran. The most significant and cardinal requirement in the definition is that it must be for the residence of the person claiming the kudikiappu. It is in evidence that nobody uses this place of worship as their place of residence and it is also not possible to use a place of worship,-chapel-where a holy mass is conducted though not on all days, but at times. I cannot understand on what ground the Land Tribunal has allowed this application. It is really shocking and appears strange to me for a Tribunal to allow the application of an Association for the purchase of the right of kudikidappu in respect of a chapel. The Appellate Authority also has considered the question whether the Association is a person and considered the question at a tangent and confirmed the order of the Land Tribunal. It is patently erroneous and has to be set aside.