Muhammed Shah vs The Land Tribunal Appellate ...
2021 Latest Caselaw 14661 Ker

Citation : 2021 Latest Caselaw 14661 Ker
Judgement Date : 14 July, 2021

Kerala High Court

Muhammed Shah vs The Land Tribunal Appellate ... on 14 July, 2021

WP(C) NO. 13928 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                    WP(C) NO. 13928 OF 2021
PETITIONER/PLAINTIFF:

          MUHAMMED SHAH,
          AGED 63 YEARS,
          S/O POOLAKKAL KUNJARAMU, EDAKODE, PAVUKONAM DESOM,
          KOTHAKURUSSI AMSOM, OTAPALAM TALUK, PALAKKAD
          DISTRICT.

          BY ADVS.
          P.JAYARAM
          GIGI PAPPACHAN
          SARATH CHANDRAN K.B.



RESPONDENTS/DEFENDANTS:

    1     THE LAND TRIBUNAL APPELLATE AUTHORITY
          THRISSUR-680 001. (CORRECTED)
          DEPUTY COLLECTOR AND APPELLATE AUTHORITY (LR),
          THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR-680
          003.

          *(ADDRESS OF R1 CORRECTED AS PER ORDER DATED
          14.7.2021 IN IA 2/2021 IN WPC 13928/2021)

    2     VEERAN,
          S/O CHOLAYIL ALAVI HAJI, PAVUKONAM DESOM,
          KOTHAKURUSSI AMSOM, P.O, EDAKODE, OTTAPALAM TALUK,
          PALAKKAD DISTRICT-679 522.

    3     MAMMUNNI,
          S/O CHOLAYIL ALAVI HAJI, PAVUKONAM DESOM,
          KOTHAKURUSSI AMSOM P.O.EDAKODE, OTTAPALAM TALUK,
          PALAKKAD DISTRICT-679 522.

    4     KANNANOOR MOOPILSTHANAM, (DELETED)
          OTTAPALAM TALUK, PALAKKAD DISTRICT-679 534.

          (THE FOURTH RESPONDENT IS DELETED FROM THE PARTY
          ARRAY VIDE ORDER DATED 7.7.2021 IN IA 1/2021, IN
          WPC-/2021, (FILING NO 13320/21)
 WP(C) NO. 13928 OF 2021           2


             SMT A C VIDHYA, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13928 OF 2021              3

                                  JUDGMENT

Being aggrieved by the order passed by the Land Tribunal, Ottapalam, in

S.M.No.1189 of 2006, the petitioner is stated to have preferred A.A.No.19 of

2019 before the Land Tribunal Appellate Authority, Thrissur as is evident from

Ext.P2 appeal memorandum preferred under Section 102 of the Land Reforms

Act, 1963. The limited prayer of the petitioner is for a direction to the 1st

respondent to expedite the consideration of Ext.P2 with notice to the petitioner

and the affected parties and take a decision within a time frame.

2. I have heard the learned counsel appearing for the petitioner and

the learned Government Pleader.

3. Having considered the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the 1st

respondent to take up Ext.P2 appeal pending before the said authority and

finalise the same, with notice to the petitioner and affected parties if any,

strictly in accordance with law, expeditiously, in any event, within a period of

three months from the date of production of a copy of this judgment.

Petitioner shall produce a copy of the writ petition along with this

judgment before the 1st respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 13928/2021

PETITIONER(S) EXHIBITS

Exhibit P1 A TRUE COPY OF THE PURCHASE CERTIFICATE NO 107/2007 ISSUED IN S.M. PROCEEDINGS NO 1189/2006 IN THE NAME OF VEERAN AND MAMMUNNI FROM LAND TRIBUNAL, OTTAPALAM.

Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.A.NO 19/2019 ON THE FILES OF LAND TRIBUNAL APPELLATE AUTHORITY, THRISSUR FILED BY THE PETITIONER HEREIN AGAINST VEERAN, MAMMUNNI AND ANOTHER IN CHALLENGE OF EXHIBIT P1 PURCHASE CERTIFICATE.