Kerala High Court
C.J.John vs Valsala Karthikeyan on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 965 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN AA NO.42 OF 2019 OF
APPELLATE AUTHORITY (LR), ALAPPUZHA
PETITIONER/RESPONDENTS:
1 C.J.JOHN
AGED 76 YEARS, S/O.LATE C.J.JOSEPH,
CHERUTHAZHOOR HOUSE, MARITHAZHAM P.O.,
KANJIRAMATTOM, AMBALLOOR VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682315
2 BEENA JOSEPH
AGED 70 YEARS, D/O.LATE C.J.JOSEPH,
58/30, KOTTAGIRI HOUSE,
MARUTHY BUILDINGS, ANTONY KATTIKKARAN ROAD,
ERNAKULAM NORTH, ERNAKULAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682018
3 LICY PHILIP
AGED 67 YEARS, W/O LATE. C.J.RAJAN,
CHERUTHAZHOOR HOUSE, KANJIRAMATTOM P.O.,
AMBALLOOR VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682315
4 SRUTHY RAJAN
AGED 40 YEARS
D/O.LATE C.J.RAJAN,
CHERUTHAZHOOR HOUSE, KANJIRAMATTOM P.O.,
AMBALLOOR VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682315
5 KIRAN JOHN RAJAN
AGED 36 YEARS, S/O LATE.C.J.RAJAN,
CHERUTHAZHOOR HOUSE, KANJIRAMATTOM P.O.,
AMBALLOOR VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682315
BY ADVS.
K.PAUL KURIAKOSE
K.HABEEBULLA
ELDO KURIAKOSE
ZACHARIAH GEORGE.K.
O.P.(C) No. 965/2024
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RESPONDENTS/PETITIONERS:
1 VALSALA KARTHIKEYAN
W/O.KARTHIKEYAN, HOUSE NO.51/1478,
PULLARATHUNDI, THYKOODAM, VYTTILA P.O.,
KOCHI, PIN - 682019
2 THE LAND REFORMS APPELLATE AUTHORITY
C.C.S.B ROAD, NEAR COLLECTORATE,
ALAPPUZHA, PIN - 688001
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 965/2024
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JUDGMENT
This original petition has been filed for expeditious disposal of AA No.42/2019 pending before the Land Reforms Appellate Authority (LR), Alappuzha.
2. I have heard Sri. K. Paul Kuriakose, the learned counsel for the petitioners.
3. O.A.No.55/2015 was filed in the year 2015. The petitioners herein were the respondents. The 1st respondent herein filed the above O.A. seeking kudikidappu right. The O.A. was dismissed. The 1 st respondent preferred appeal before the Land Reforms Appellate Authority challenging the dismissal of O.A. It is a fact that appeal is pending for the last five years. In these circumstances, I am of the view that prayer sought for can be granted.
Hence this original petition is disposed of with a direction to the Land Reforms Appellate Authority, Alappuzha to dispose of A.A.No.42/2019 as expeditiously as possible, at any rate within six months from the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE APA O.P.(C) No. 965/2024 ..4..
APPENDIX OF OP(C) 965/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION MADE BY THE RESPONDENT WHICH WAS NUMBERED AS O.A.NO.55 OF 2015 ON THE FILES OF THE LAND TRIBUNAL, ERNAKULAM EXHIBIT P2 TRUE COPY THE OBJECTIONS DATED 12.11.2016 FILED BY PETITIONERS 1, 2 AND THEIR BROTHER SRI C.J.RAJAN IN EXHIBIT P-1 ORIGINAL APPLICATION EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.05.2019 IN EXHIBIT P-1 ORIGINAL APPLICATION EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPEAL A.A.NO.42 OF 2019 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE 2ND RESPONDENT APPELLATE AUTHORITY