Kerala High Court
K.K.Aasainar vs State Of Kerala on 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
WP(C).No.2295 OF 2021(J)
PETITIONER/S:
1 K.K.AASAINAR, AGED 78 YEARS
S/O.YOUSUF HAJI, RESIDING AT KANNAKANTHODI
KAKKATIL HOUSE, VAZHANGADA P.O., ANAMANGHAD,
MALAPPURAM - 679 387.
2 YOUSAF K.K., AGED 54 YEARS
S/O.HAMZAKUTTY, RESIDING AT KANNAKATHODI
KAKKATIL HOUSE, VAZHANGADA P.O., ANAMANGHAD,
MALAPPURAM - 679 387.
BY ADV. SRI.SURAJ.S
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY
MINISTRY OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 SAITHULLA MUSALIYAR, S/O.PATHUMMA HAJUMMA,
RESIDING AT CHETTIYARTHODI HOUSE, VALAPPUZHA
AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DT. -
679 336.
3 AMINA UMMA, D/O.PATHUMMA HAJUMMA, RESIDING AT
CHETTIYARTHODI HOUSE, VALAPPUZHA AMSOM DESOM,
OTTAPALAM TALUK, PALAKKAD DT. - 679 336.
5 ABDUL KHADAR MUSALIYAR, S/O.PATHUMMA HAJUMMA,
RESIDING AT CHETTIYARTHODI HOUSE, VALAPPUZHA
AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DT. -
679 336.
-2-
W.P.(C). No. 2295 of 2021
6 THE SPECIAL THASILDAR, LAND TRIBUNAL
OTTAPALAM, PALAKKAD DT. - 679101.
*STATUS OF RESPONDENTS 5 AND 6 IS SUO MOTU
CORRECTED AS RESPONDENTS 4 AND 5 AS PER ORDER
DATED 29.01.2021.
OTHER PRESENT:
SRI SUNIL NATH N.B- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-3-
W.P.(C). No. 2295 of 2021
JUDGMENT
The 1st petitioner is the 17th defendant and the 2nd
petitioner is the legal heir of the 16 th defendant, who is
impleaded as defendant No.138 in R.C. No.1 of 1999, pending
before the Land Tribunal, Ottappalam. The petitioners have
filed this writ petition under Article 226 of the Constitution of
India seeking a writ of mandamus commanding the Land
Tribunal, Ottapalam, the 5th respondent herein, to consider the
R.C. No.1 of 1999 within the time limit stipulated by this
Court.
2. Heard the learned counsel for the petitioners and
also the learned Government Pleader appearing for
respondents 1 and 5. Considering the nature of relief
proposed to be granted, service of notice on respondents 2 to
4 is dispensed with.
3. The learned counsel for the petitioners would
submit that expeditious disposal of R.C. No.1 of 1999 pending
before the Land Tribunal, Ottapalam, is highly essential, since
it arises out of an original suit of the year 1991, i.e.,
W.P.(C). No. 2295 of 2021
O.S.No.126 of 1991 originally filed before the Sub Court,
Ottapalam.
4. The learned Government Pleader would submit that
the 5th respondent Land Tribunal shall dispose of R.C.No.1 of
1999, as expeditiously as possible, within a time limit that
may be fixed by this Court.
Having considered the submission made by the learned
counsel on both sides, this writ petition is disposed of by
directing the learned Tribunal, Ottapalam to finally dispose of
R.C. No.1 of 1999, 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.
Sd/-
ANIL K.NARENDRAN
JUDGE
das
W.P.(C). No. 2295 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 CERTIFIED COPY OF THE FINDING ON ISSUE
NO.9 DATED 17/02/1999 OF THE HON'BLE
SUBORDINATE COURT, OTTAPALAM.
EXHIBIT P2 TYPED COPY OF THE PROCEEDINGS BEFORE
THE LAND TRIBUNAL, OTTAPALAM IN
R.C.NO.1 OF 1999.
