Kerala High Court
Mary Sheela vs The Indian Evangelical Lutheran ... on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
OP(C).No.1836 OF 2020
AGAINST THE ORDER/JUDGMENT IN SM 7/2013 OF LAND TRIBUNAL,
KOTTARAKKARA
PETITIONER/CLAIMANT:
MARY SHEELA,
AGED 60 YEARS,
D/O. DANIEL, LEENA BHAVAN, L.M. COMPOUND,
BUNGLAVUKUNNU, NILAMEL P.O., KOLLAM-691535.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
RESPONDENTS/RESPONDENT & TRIBUNAL:
1 THE INDIAN EVANGELICAL LUTHERAN CHURCH TRUST
ASSOCIATION,REPRESENTED BY ITS SECRETARY, LUTHERAN
MISSION HOUSE, KAIVANKALA, PUTHIYATHURA P.O.,
PARANIYAM, THIRUVANANTHAPURAM-695526.
2 THE LAND TRIBUNAL,
KOTTARAKKARA, TALUK OFFICE, MINI CIVIL STATION,
KOTTARAKKARA-691506.
R1-2 BY GOVERNMENT PLEADER
OTHER PRESENT:
SRI. M.I. JOHNSON (SR.G.P)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1836 OF 2020 2
JUDGMENT
Admit.
2. Petitioner is the claimant in SM No.6 of
2019 before Land Tribunal, Kottarakkara
(formerly it was SM No.7/2013 on the file of
Kollam). The direction sought to be issued to
the Land Tribunal, Kottarakkara is to the effect
that despite the trial being finished in SM
No.6/2019, the Tribunal is not proceeding with
the matter and passing final orders.
3. The learned Govt. Pleader submitted a
report dated 7.12.2020 indicating that there is
no inaction at all on the part of the Land
Tribunal. It is submitted that the final orders
could not be passed by the Land Tribunal only
because the RSA No.777 of 2014 filed by the
first respondent is pending before this Court
undisposed. The learned Govt. Pleader also
submitted that once this Court clears the
impediment, the Land Tribunal will be in a
position to proceed and expedite the matter as
early as possible.
4. The learned counsel for the petitioner
submitted that RSA No.777 of 2014 pending before
this Court was filed with a delay petition and
the appeal has not yet been admitted. I am of
opinion that so long as appeal has not been
admitted and the delay is yet to be condoned, it
should not be a ground for the Land Tribunal for
not taking up the matter for final hearing and
passing orders.
In the result, this O.P is allowed directing
the Land Tribunal, Kottarakkara to dispose of SM
No.6 of 2019 within a period of three months
from the date of receipt of a certified copy of
this judgment. It is made clear that in the
event of any order staying proceedings in RSA
No.777 of 2014 is brought to the notice of the
Tribunal, the same shall be obliged.
sd/-
T.V.ANILKUMAR,
JUDGE
pm
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER FROM THE LAND TRIBUNAL,
KOTTARAKKARA IN SM NO.7/13 (06/19).
RESPONDENTS' EXHIBITS: NIL
