CHANDY Vs. ULAHANNAN

JUDGEMENT

(1.) These revisions, heard together, are being disposed of by this common order. The petitioner in CRP. No. 1865 of 1977, hereinafter referred to as the 'kudikidappukaran' is the first respondent in CRP. No. 746 of 1977. The first respondent in CRP. No. 1865 of 1977, hereinafter referred to as the 'landowner', is the revision petitioner in CRP. No. 746 of 1977. The State of Kerala, the second respondent in the revision petitions, is only a formal party.

(2.) The relevant facts, briefly stated, are as follows: The 'kudikidappukaran' filed OA. No. 1508 of 1970 on the file of the Land Tribunal, Vaikom for purchase of this kudikidappu, under S.80B of the Kerala Land Reforms Act, Act 1 of 164 as amended by Act 35 of 1969, for short the Act. The 'landowner' besides filing a written statement, had also filed an application under S.80A(9) of the Act, therein, for an order for the shifting of the kudikidappu to another portion of the same land. The Land Tribunal passed orders simultaneously dismissing the application under S.80A(9), and allowing the main application under S.80B of the Act. The 'landowner' took up the matter in appeal as per L.R.A.S. No. 345 of 1971 on the file of the Appellate Authority, Ernakulam. The appeal having been dismissed as per the judgment dated 11-11-1976, CRP. No. 746 of 1977 has been preferred by the 'landowner'. In the meanwhile, on 2-12-1971, nearly three months after the passing of the order on O.A. No 1508 of 1970, the 'landowner' filed O. A. No. 932 of 1971 for shifting the kudikidappukaran to an alternate site offered by him. The application was allowed on 28 2 1975. The writ petition, O. P. No. 1952 of 1975, filed under Art.226 of the Constitution by the 'kudikidappukaran' for quashing the order on O. A. No. 932 of 1971 was dismissed by this Court on 6-11-1975. Though writ appeal No. 5 of 1976 was filed, that also was dismissed on 6 1 1976.

(3.) After the coming into force of Ordinance 20 of 1975, on 11-12-1975 the 'kudikidappukaran' on 28-2-1976 filed an appeal, LRAS. No. 230 of 1976, on the file of the Appellate Authority (Land Reforms), Ernakulam, with a petition to condone the delay in filing the appeal. By the judgment dated 11-11-1976 the Appellate Authority dismissed the appeal, and the application for condoning the delay, holding that the 'kudikidappukaran' had no right of appeal in regard to the order appealed against, passed before the amendment of S.102 of the Act by Ordinance XX of 1975 to provide for the right of appeal against an order under S.77(2) of the Act. It is aggrieved by this decision of the Appellate Authority that CRP. No. 1865 of 1977 has been filed.