Kerala High Court
Abdul Khader vs Kamalakshy on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
W.P.(C) No.839 OF 2021(D)
PETITIONER/S:
1 ABDUL KHADER,
AGED 70 YEARS
S/O ABOOBAKER,RESIDING AT MELPARAMBA,CHEMNAD
VILLAGE,KASARAGOD TALUK,P.O.KALNAD,KASARAGOD
DISTRICT,
PIN-671317.
2 P.M.BEEPATHUMMA,
WIDOW OF (LATE)M.A.ABDULLA KUNHI,
RESIDING AT MELPARAMBA,
CHEMNAD VILLAGE,KASARAGOD TALUK,P.O.KALNAD,
KASARAGOD DISTRICT,PIN-671317.
3 M.A.MUHAMMED JAFER,
S/O.(LATE)M.A.ABDULLA KUNHI,
RESIDING AT MELPARAMBA,CHEMNAD VILLAGE,
KASARAGOD TALUK,P.O.KALNAD,
KASARAGOD DISTRICT,
PIN-671317.
4 M.A.ABDUL NAZEER,
S/O.(LATE)M.A.ABDULLA KUNHI,RESIDING AT
MELPARAMBA,CHEMNAD VILLAGE,KASARAGOD
TALUK,P.O.KALNAD,KASARAGOD DISTRICT,
PIN-671317.
5 M.A.AHAMED SCHOOL,
S/O.(LATE) M.A.ABDULLA KUNHI,RESIDING AT
MELPARAMBA,CHEMNAD VILLAGE,KASARAGOD
TALUK,P.O.KALNAD,KASARAGOD DISTRICT,
PIN-671317.
6 M.A.HASHIM,
S/O.(LATE)M.A.ABDULLA KUNHI,RESIDING AT
MELPARAMBA,CHEMNAD VILLAGE,KASARAGOD
TALUK,P.O.KALNAD,KASARAGOD DISTRICT,
PIN-671317.
7 M.A.NAZEENA JUVARIATH,
D/O.(LATE)M.A.ABDULLA KUNHI,RESIDING AT
MELPARAMBA,CHEMNAD VILLAGE,KASARAGOD
W.P.(C) No.839 OF 2021(D)
2
TALUK,P.O.KALNAD,KASARAGOD DISTRICT,
PIN-671317.
8 M.A.AYSHATH SAMOORA,
D/O.(LATE)M.A.ABDULLA KUNHI,RESIDING AT
MELPARAMBA,CHEMNAD VILLAGE,KASARAGOD
TALUK,P.O.KALNAD,KASARAGOD DISTRICT,
PIN-671317.
BY ADV. SRI.P.K.MUHAMMED
RESPONDENT/S:
1 KAMALAKSHY,
WIDOW OF (LATE)KARUNAKARAN,
RESIDING AT PALLIPPURAM,
CHEMNAD VILLAGE,KASARAGOD TALUK,KASARAGOD
DISTRICT,
PIN-671317.
2 ARAVINDAN,
S/O.(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
3 GEETHA,
D/O.(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
4 AMBIKA,
D/O(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
5 CHANDRAN,
S/O(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
6 AMBUJAN,
S/O(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
7 VINOD,
S/O(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
W.P.(C) No.839 OF 2021(D)
3
8 PREETHA,
D/O(LATE)KARUNAKARAN,RESIDING AT
PALLIPPURAM,CHEMNAD VILLAGE,KASARAGOD
TALUK,KASARAGOD DISTRICT,PIN-671317.
9 CHAIRMAN,
CHANDRAGIRI SREE SASTHAVU AND THRIKANNAD SREE
THRIAMBAKESWARA TEMPLE,
KALNADU VILLAGE,KALNADU.P.O, HOSDURG
TALUK,KASARAGOD DISTRICT,PIN-671317.
10 DEPUTY COLLECTOR(L.R.),
KASARAGOD DISTRICT,CIVIL STATION,
VIDYANAGAR.P.O, KASARAGOD DISTRICT,
PIN-671123.
OTHER PRESENT:
SR.GP - SMT. AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.839 OF 2021(D)
4
JUDGMENT
The petitioners, have filed this writ petition under Article 226
of the Constitution of India, seeking a writ of mandamus
commanding the 10th respondent Deputy Collector (LR), Kasaragod
to finally dispose of Exts.P5 application dated 02.02.2018 in
accordance with the provisions of law, within a time limit to be fixed
by this Court. The grievance of the petitioners are the delay in
disposal of O.A.Nos.1554 of 1975 and 6696 of 1975, pending
before the Land Tribunal, Kasaragod.
2. Heard the learned counsel for the petitioners and also
the learned Senior Government Pleader for the 10th respondent.
Considering the nature of relief proposed to be granted, service of
notice of respondents 1 to 9 is dispenced with.
3. The learned Senior Government Pleader, on instructions,
would submit that O.A.Nos.1554 of 1975 and 6696 of 1975, were
regularly listed before the Tribunal on various dates till 05.02.2019
and there was no appearance for the petitioners herein. After
05.02.2019, the matter could not be listed on account COVID - 19
pandemic situation. The learned Senior Government Pleader would
submit that the Land Tribunal shall issue fresh notice to both sides
and finally dispose of O.A. Nos.1554 of 1975 and 6696 of 1975,
within a time limit to be fixed by this Court.
W.P.(C) No.839 OF 2021(D)
4. The learned counsel for the petitioners would submit
that evidence has already been recorded in O.A.Nos.1554 of 1975
and 6696 of 1975 and what remains is only the final hearing.
In such circumstances, this writ petition is disposed of by
directing the Land Tribunal, Kasaragod to finally dispose of O.A.Nos.
1554 of 1975 and 6696 of 1975, as expeditiously as possible, at
any rate, within a period of four months from the date of receipt of
a certified copy of this judgment, in case evidence has already been
recorded and what remains is only the final hearing.
Sd/-
ANIL K. NARENDRAN
JUDGE
MIN
W.P.(C) No.839 OF 2021(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE O.A.N.1554/1975
DATED 21.6.1971 BEFORE THE LAND TRIBUNAL
OF BADAGARA.
EXHIBIT P2 TRUE PHOTOCOPY OF O.A.6696/1975 DATED
16.12.1972 BEFORE THE LAND TRIBUNAL OF
BADAGARA.
EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT DATED
16.10.2003 IN W.P(C)NO.19690/2003 OF
THIS HON'BLE COURT.
EXHIBIT P4 TRUE PHOTOCOPY OF THE IMPLEADING
PETITION FILED BY THE RESPONDENTS 1 TO 8
DATED 18.3.2015 IN O.A.1554/1975 BEFORE
THE COURT OF THE DEPUTY
COLLECTOR,KASARAGOD.
EXHIBIT P5 TRUE PHOTOCOPY OF PETITION DATED
2.2.2018 O.A.1554/1975 IN
O.A.NO.6696/1975 BEFORE THE DEPTY
COLLECTOR (LA),KASARAGOD.
