The court emphasized procedural integrity and dismissed reliance on new evidence after hearing closure in kudikidappu disputes.

ORDER

The revision petition has been filed challenging the order dated 10.11.2014 in Appeal No.40 of 2011 on the file of the Appellate Authority (Land Reforms), Alappuzha. The litigation has had a chequered history. The properties originally belonged to one Thommi Joseph. Lonan was a Kudikidappukaran in the property. Thommi Joseph had filed O.A.No.683 of 1974 before the Land Tribunal, Palluruthy, for shifting of the kudikidappu of Lonan under Section 75 (2) of the Kerala Land Reforms Act . The case was transferred to the Land Tribunal, Ernakulam and renumbered as O.A.No.154 of 1975. O.A.No.154 of 1975 was filed against Lonan and Sunny. Sunny is stated to be the son of Lonan. The application was dismissed for default on 03.09.1975. Soon thereafter, Sri. Thommi Joseph settled the property in question in favour of his son Sri.Dominic. Sri.Dominic thereafter filed O.A.No.166 of 1977 again with a prayer for shifting of the kudikidappu under (2) of the . The respondents in the said application were Veroni and Sunny. It appears that Sri.Dominic died on 07.10.1978 pending the application for shifting. The application for shifting was allowed and the purpose of shifting was stated to be “industrial” purpose. Apparently the court had not taken note of the fact that Sri.Dominic had died. The respondents in the application, Veroni and Sunny filed LRAS No.171 of 1979 which is seen to have been allowed on 15.03.1984. The Appellate Authority dismissed O.A.No.166 of 1977. Thereafter, O.A.No.4662 of 1976 filed by the legal representatives of Lonan for assignment of kudikidappu was allowed on

30.04.1985.

2. After the death of Sri.Dominic, it is stated that the property devolved on his father Sri.Thommi Joseph since he had not married. Sri.Thommi Joseph settled the properties as per the settlement deed of 1984 in favour of another son Sri.N.J.Joy. Sri.N.J.Joy filed CRP.No.2067 of 1985, challenging the order in LRAS No.171 of 1979. Simultaneously, he also filed O.A.No.38 of 1985 for shifting of the kudikidappu, wherein again the reason stated is industrial purpose. The industrial purpose stated by him is that he requires the space for conducting his industry taxidermy (stuffing of animals). In the application it is stated that the earlier need has become infructuous since Sri.Dominic had died even before the order had been passed. This Court dismissed CRP.No.2067 of 1985 by judgment dated 11.11.1988, noting the filing of O.A.No.38 of 1985 and directing the Land Tribunal to dispose of the said O.A. in accordance with law. Sri.N.J.Joy had also challenged the order in O.A.No.4662 of 1976 by filing LRAS No.125 of 1985 before the Appellate Authority (Land Reforms), Ernakulam. The said appeal was dismissed by order dated 11.01.1991. However, it was also ordered that the issuance of the purchase certificate shall be kept pending till O.A.No.38 of 1985 is disposed of. On 30.04.2005, O.A.No.38 of 1985 was dismissed for default. I.A.No.1219 of 2005 filed for restoration of the application was also dismissed. According to the respondents, while dismissing the I.A, liberty was granted to file a fresh application. O.A.No.129 of 2005 was filed thereafter, again praying for shifting of kudikidappu. The O.A. was filed by Sri.N.J.Joy and Sri.Sunny alone has been shown as respondent in the O.A. The prayer is for shifting of the kudikidappu. The pleadings specifically show that Sri.Sunny is the kudikidappukaran. It is based on the said pleadings that the case was proceeded with. In the meanwhile, Sri.Sunny had filed an application in O.A.No.4662 of 1976 for issuance of a purchase certificate. Sri.Sunny later filed W.P(C).No.37307 of 2009 before this Court seeking a direction to the Land Tribunal to issue a purchase certificate in terms of the orders in O.A.No.4662 of 1976. The writ petition was d