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Kuncheria Joseph vs Antony Mathan

Kuncheria Joseph vs Antony Mathan

Type Court Judgment Court Kerala Orders Decided May 31, 2023
~2 min read
https://sooperkanoon.com/case/1343953

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
CRP/959/2004

Parties & Advocates

Appellant / Petitioner

Kuncheria Joseph

Respondent

Antony Mathan

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan wednesday, the 31st day of may 2023 / 10th jyaishta, 1945 crp no. 959 of 2004 proceedings dated 19.10.2003 of the taluk land board, kuttanad, tlb 1230/ktd-c6 old no.520/ktd-c6revision petitioner/4th applicant: 1 kuncheria joseph, chalackal house, kuttanad taluk, alleppey district. [died] addl.p2 amminikutty kuncheria, aged 70 years, w/o late kuncheria joseph, chalackal house, kuttanad taluk, alleppey district, pin-686102. addl.p3 ansamma kuncheria, aged 44 years, d/o late kuncheria joseph, chalackal house, kuttanad taluk, alleppey district, pin-686102 addl.p4 jerry kuncheria, aged 40 years,s/o late kuncheria joseph, chalackal house, kidangara post, veliyanad village, kuttanad taluk, alleppey district, pin-686102 (the sole petitioner died. additional petitioners 2 to 4 and addl.r3 are impleaded as per order dated 09.10.2015 in i.a.nos.2436/15 & 2437/15)by adv sri.b.krishna mani respondents/declarant: 1 antony mathan, puthen puraykkal muri, veliyanadu village. 2 state of kerala, represented by the chief secretary, secretariat, thiruvananthapuram. addl.r3 jose kuncheria, aged 46 years, s/o late kuncheria joseph, vadakara chalackal house, punnapra north, alleppey-14. crp no.959 of 2004 2 by advs. sri.dinesh r.shenoy sri.sanil jose r2 by government pleader sri. s.unnikrishnan this civil revision petition having come up for hearing on 31.05.2023, the court on the same day passed the following: crp no.959 of 2004 3orderit is an unwarranted revision petition filed by a person claimed to be in possession of the property by virtue of an agreement for sale dated 23.04.1974. he is claiming benefit under section 7e of the kerala land reforms act which was rejected by the taluk land board. prima facie it appears that it is a misuse of process of this court without any valid reason. hence, the revision petition will stand dismissed. sd/- p.somarajan judge dmr/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 31st DAY OF MAY 2023 / 10TH JYAISHTA, 1945 CRP NO. 959 OF 2004 PROCEEDINGS DATED 19.10.2003 OF THE TALUK LAND BOARD, KUTTANAD, TLB 1230/KTD-C6 OLD No.520/KTD-C6

REVISION PETITIONER/4th APPLICANT: 1 KUNCHERIA JOSEPH, CHALACKAL HOUSE, KUTTANAD TALUK, ALLEPPEY DISTRICT. [DIED] ADDL.P2 AMMINIKUTTY KUNCHERIA, AGED 70 YEARS, W/o LATE KUNCHERIA JOSEPH, CHALACKAL HOUSE, KUTTANAD TALUK, ALLEPPEY DISTRICT, PIN-686102. ADDL.P3 ANSAMMA KUNCHERIA, AGED 44 YEARS, D/o LATE KUNCHERIA JOSEPH, CHALACKAL HOUSE, KUTTANAD TALUK, ALLEPPEY DISTRICT, PIN-686102 ADDL.P4 JERRY KUNCHERIA, AGED 40 YEARS,

S/o LATE KUNCHERIA JOSEPH, CHALACKAL HOUSE, KIDANGARA POST, VELIYANAD VILLAGE, KUTTANAD TALUK, ALLEPPEY DISTRICT, PIN-686102 (THE SOLE PETITIONER DIED. ADDITIONAL PETITIONERS 2 TO 4 AND ADDL.R3 ARE IMPLEADED AS PER ORDER DATED 09.10.2015 IN I.A.Nos.2436/15 & 2437/15)

BY ADV SRI.B.KRISHNA MANI RESPONDENTS/DECLARANT: 1 ANTONY MATHAN, PUTHEN PURAYKKAL MURI, VELIYANADU VILLAGE. 2 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADDL.R3 JOSE KUNCHERIA, AGED 46 YEARS, S/o LATE KUNCHERIA JOSEPH, VADAKARA CHALACKAL HOUSE, PUNNAPRA NORTH, ALLEPPEY-14. CRP No.959 of 2004 2 BY ADVS. SRI.DINESH R.SHENOY SRI.SANIL JOSE R2 BY GOVERNMENT PLEADER SRI. S.UNNIKRISHNAN THIS CIVIL REVISION PETITION HAVING COME UP FOR HEARING ON 31.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP No.959 of 2004 3

ORDER

It is an unwarranted revision petition filed by a person claimed to be in possession of the property by virtue of an agreement for sale dated 23.04.1974. He is claiming benefit under Section 7E of the Kerala Land Reforms Act which was rejected by the Taluk Land Board. Prima facie it appears that it is a misuse of process of this court without any valid reason. Hence, the revision petition will stand dismissed. Sd/- P.SOMARAJAN JUDGE DMR/-

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