Village Officer vs Jacob V Kallarakkal
2022 Latest Caselaw 8054 Ker

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                               PRESENT
                             THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                       Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
                                IA.NO.1/2022 IN RSA NO. 324 OF 2022
                                  AS 74/2018 OF SUB COURT, PALA.
                           OS 317/2012 OF MUNSIF COURT, KANJIRAPPALLY.
APPLICANTS/APPELLANTS/RESPONDENTS 1 TO 4 IN AS/DEFENDANTS 1 TO 4 IN OS:

   1.   THE VILLAGE OFFICER, CHIRAKKADAVU VILLAGE.
   2.   THE TAHSILDAR,TALUK OFFICE KANJIRAPPALLY.
   3.   THE ADDITIONAL TAHSILDAR, KANJIRAPPALLY.
   4.   KERALA STATE REPRESENTED BY DISTRICT COLLECTOR,KOTTAYAM.

RESPONDENTS/RESPONDENTS/APPELLANTS AND RESPONDENTS 5 TO 9 IN AS/PLAINTIFFS IN OS:

   1. JACOB V KALLARAKKAL @ CHACKO, S/O VARKEY, KALLARAKKAL, KARICKATTUPARAMBIL
        HOUSE, KIZHAKKUMBHAGAM KARA, CHIRAKKADAVU VILLAGE KANJIRAPPALLY TALUK,
        REPRESENTED BY POWER OF ATTORNEY HOLDER AND AGENT SISY ABRAHAM W/O ABRAHAM
        VARKEY , KALLARAKKAL, KARICKATTUPARAMBIL HOUSE,KIZHAKKUMBHAGAM KARA,
        CHIRAKKADAVU VILLAGE, PIN - 686506
   2. SISY ABRAHAM, W/O ABRAHAM VARKEY KALLARACKAL KARICKATTUPARAMBIL HOUSE
        KIZHAKUMBHAGOM KARA CHIRAKKADAVU VILLAGE, PIN - 686506
   3. GEORGE ABRAHAM @ KOCHU VARKEY, S/O ABRAHAM VARKEY KALLARACKAL
        KARICKATTUPARAMBIL HOUSE KIZHAKUMBHAGOM KARA CHIRAKKADAVU VILLAGE, PIN -
        686506
   4. MINNA ABRAHAM, D/O ABRAHAM VARKEY RESIDING AT KALLARAKAL KARICKATTUPARAMBIL
        HOUSE KIZHAKUMBHAGOM KARA CHIRAKKADAVU VILLAGE.
   5. MINNI ABRAHAM, D/O ABRAHAM VARKEY, RESIDING AT KALLARACKAL,KARICKATTUPARAMPIL
        HOUSE, KIZHAKKUMBHAGAM KARA CHIRAKKADAVU VILLAGE, PIN - 686506
   6. MAYA ABRAHAM ,D/O ABRAHAM VARKEY,RESIDING AT KALLARACKAL, KARICKATTUPARAMPIL
        HOUSE, KIZHAKKUMBHAGAM KARA CHIRAKKADAVU VILLAGE, PIN - 686506
   7. JO ABRAHAM ,S/O ABRAHAM VARKEY, RESIDING AT KALLARACKAL KARICKATTUPARAMBIL
        HOUSE, KIZHAKKUMBHAGOM CHIRAKKADAVU VILLAGE, PIN - 686506


        Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to stay the execution of the decree and judgmentin AS.No.74/2018 of
the Sub Court,Pala dated 30.01.2021 filed against the judgment and decree of the Munsiff's
Court,Kanjirappally in OS.No.317/2012 dated 31.08.2018 till the disposal of this appeal,in the
interest of justice.


        This Application coming on for orders upon perusing the application and the affidavit
filed in support thereof, and upon hearing the arguments of GOVERNMENT PLEADER, for the
petitioners, the court passed the following:
                                          M.R.ANITHA, J.
                           ----------------------------------------------------
                                     R.S.A.No.324 of 2022
                                                    &
                                         I.A.No.1 of 2022
                          -----------------------------------------------------
                          Dated this the 29th day of June, 2022


                                       ORDER

Admit.

Issue notice to respondents.

Following substantial questions of law are formulated:

1. Whether declaration of title over the plaint schedule property

by adverse possession is sustainable in law?

2. In view of Section 20A of Kerala Land Conservancy Act where

there is an express bar against the jurisdiction of Civil Court,

whether this suit is maintainable or not?

3. Are the plaintiffs entitled to get any benefit of Edavagai rights

and exemption from the Land Conservancy Act?

I.A.No.1 of 2022:

There will be an interim stay as prayed for, for a period of

four months. Sd/-

M.R.ANITHA

shg/ JUDGE

29-06-2022 /True Copy/ Assistant Registrar