Siyajudeen vs Siyajudeen
2021 Latest Caselaw 12066 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                       OP(C).No.956 OF 2021

APPEAL NO.14/2017 PENDING BEFORE THE APPELLATE AUTHORITY (LAND
                      REFORMS), ALAPPUZHA


PETITIONERS :RESPONDENTS 3 & 4 :-

      1      SIYAJUDEEN,
             AGED 66 YEARS,
             T.C.3/958, SISIRAM, THOPPIL NAGAR,
             MUTTADA P.O, THIRUVANANTHAPURAM - 695 025.

      2      THOMAS JACOB,
             T.C.27/983,
             COLLECTORATE ROAD,
             VANCHIYOOR P.O,
             THIRUVANANTHAPURAM - 695 035.

             BY ADVS.
             SRI.THOUFEEK AHAMED
             SRI.P.A.AHAMMED

RESPONDENTS :APPELLANT & ADDITIONAL RESPONDENTS 5 TO 7 :

      1      SREEKUMARAN NAIR,
             S/O LATE MADHAVAN PILLAI, SREEBHAVANAM,
             GOUREESA PATTOM, NOW RESIDING AT T.C.13/724,
             THATTANVILAKATHU VEEDU, VADAYACADU,
             VANCHIYOOR P.O, THIRUVANANTHAPURAM - 695 035.

      2      INDIRA DEVI K.S.,
             D/O LATE KARTHIYAYANI AMMA,
             VAZHAPALLY VEEDU, GOURI SIVAM,
             T.C.94/869, VADAYACADU,
             KUNNUKUZHY, VANCHIYOOR P.O,
             THIRUVANANTHAPURAM - 695 035.

      3      K.S. UMADEVI,
             D/O LATE KARTHIYAYANI AMMA,
             VAZHAPALLY VEEDU, GOURI SIVAM, T.C.94/869,
             VADAYACADU, KUNNUKUZHY, VANCHIYOOR P.O.,
             THIRUVANANTHAPURAM - 695 035.
 OP(C).No.956 OF 2021

                               2

      4     LALITHAMBIKA.K.S.,
            D/O LATE KARTHIYAYANI AMMA,
            VAZHAPALLY VEEDU, GOURI SIVAM,
            T.C.94/869, VADAYACADU,
            KUNNUKUZHY, VANCHIYOOR P.O,
            THIRUVANANTHAPURAM - 695 035.

            BY SENIOR PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 OP(C).No.956 OF 2021

                                   3



                             JUDGMENT

Dated this the 16th day of April 2021

Through this original petition, the petitioners seek for a

direction to the Appellate Authority (Land Reforms) Alappuzha, to

dispose of Appeal No.14 of 2017 filed by the 1 st respondent within a

time frame.

2. Appeal No.14 of 2017 arises from O.A. No.1059 of

1970 of the Land Tribunal, Kollam. The issue has a long and winding

history which had resulted in an earlier revision before this Court as

C.R.P. Nos.2235 of 1993 and 2237 of 1993, in which the matter was

remanded back to the Land Tribunal. Petitioners' apprehension is

that the person who is the present Appellate Authority, Alappuzha is

retiring in May, 2021 and that the case has already been pending for

the last 50 years and further delay will prejudice the parties.

3. Taking note of the aforesaid facts that arise in the case,

I am of the view that it is necessary in the interest of justice that

Appeal No.14 of 2017 be disposed of at the earliest, in a time bound

manner.

Accordingly, there will be a direction to the Appellate

Authority (Land Reforms) Alappuzha, to dispose of Appeal No.14 of OP(C).No.956 OF 2021

2017 as expeditiously as possible, at any rate, before 31.12.2021.

Though the time limit is mentioned as 31.12.2021, taking note of the

retirement of the officer, it would be preferable to give a priority to

this case and if circumstances are conducive, appeal can be

attempted to be disposed of before 31.5.2021.

The original petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM OP(C).No.956 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER DATED 10.08.2016 OF THE LAND TRIBUNAL THIRUVANANTHAPURAM IN OA NO.129/1975.

EXHIBIT P2 TRUE COPY OF APPEAL NO.14/17 FILED BY 1ST RESPONDENT DATED 25.04.2017 BEFORE THE APPELLATE AUTHORITY(LR), ALAPPUZHA.