Citation : 2021 Latest Caselaw 18311 Ker
Judgement Date : 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 18167 OF 2021
PETITIONER:
DHARMARAJAN.P.G
AGED 71 YEARS
S/O. GOPALAPILLAI PALAYIL, SMRA-257, MULANKADAKAM,
KOLLAM-691 012.
BY ADVS.
K.S.HARIHARAPUTHRAN
S.R.PRASANTH
BHANU THILAK
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE REVENUE SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SMT.OMANA
W/O. RAMACHANDRANPILLAI, NISARI, KSEB NAGAR-194,
VALLIKEEZU, KAVANADU P.O., KOLLAM-691 003.
3 SMT.CHITRA
D/O. RAMACHANDRANPILLAI, NISARI, KSEB NAGAR-194,
VALLIKEEZU, KAVANADU P.O., KOLLAM-691 003.
4 MR.MADHU
S/O. RAMACHANDRANPILLAI, NISARI, KSEB NAGAR-194,
VALLIKEEZU, KAVANADU P.O., KOLLAM-691 003.
5 SMT.BINDU
D/O. RAMACHANDRANPILLAI, NISARI, KSEB NAGAR-194,
VALLIKEEZU, KAVANADU P.O., KOLLAM-691 003.
6 SMT.JAYADEVI R.
W/O. LATE MOHANDAS, 16/3 SENTHIL NAGAR, PERUNGALATHU,
KANCHIPURAM, CHENNAI-600063
WP(C) NO. 18167 OF 2021 2
7 RAVIKUMAR
S/O.LATE MOHANDAS, 16/3 SENTHIL NAGAR,
PERUNGALATHU, KANCHIPURAM, CHENNAI-600063
8 MR.RAJKUMAR
S/O. LATE MOHANDAS, DOOR NO.7, PLOT NO-830, 6TH
STREET, SREELYYAPPAN NAGAR, MADUROVAYAL, CHENNAI-
600 095.
9 SMT.MANJU
D/O. LATE MOHANDAS, 16/3 SENTHIL NAGAR,
PERUNGALATHU, KANCHIPURAM, CHENNAI-600063
BY ADV.
SR.GP SHRI.ASWIN SETHUMATHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18167 OF 2021 3
JUDGMENT
The petitioner alleges that even though he
preferred Exts.P3 and P4 statutory Appeals, under
the provisions of the Land Reforms Act, before the
Appellate Authority for Land Reforms, Alappuzha, as
early as in the year 2018, no action has been taken
thereon by the said Authority until now. He,
therefore, prays that the Appellate Authority be
directed to dispose of the Appeals within a time
frame to be fixed by this Court.
2. Shri.Aswin Sethumathavan, learned Senior
Government Pleader, appearing on behalf of the
official respondents, submitted that if the
petitioner only requires his statutory Appeals to
be disposed of by the Appellate Authority for Land
Reforms, expeditiously, he will not stand in the
way of this Court passing appropriate orders.
In the afore circumstances, I order this writ
petition and direct the Appellate Authority for
Land Reforms, Alappuzha, to take up Exts.P3 and P4
statutory Appeals, if they are still pending, and
dispose it of, after following due procedure and
affording necessary opportunity of being heard to
the petitioners, as well as to respondents 2 to 9
and other interested parties; thus culminating in
an appropriate order thereon, as expeditiously as
is possible, but not later than six months from the
date of receipt of a copy of this judgment.
I make it clear that I have fixed the afore
time frame noticing that the petitioner is a senior
citizen and therefore, further direct the Appellate
Authority for Land Reforms, Alappuzha, to ensure
that respondents 2 to 9 and other interested
parties are properly notified, before the
proceedings as afore are completed, because this
Court has not issued notice to them in this writ
petition.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/15.9
APPENDIX OF WP(C) 18167/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION DATED 16.8.2011 IN SM NO.30/2011 PREFERRED BEFROE THE LAND TRIBUNAL KOLLAM.
Exhibit P2 TRUE COPY OF THE ORDER DATED 27.12.2017 ISSUED BY THE LAND TRIBUNAL, KOLLAM.
Exhibit P3 TRUE COPY OF THE APPEAL DATED 26.2.2018 PREFERRED BY RESPONDENTS 2-5 BEFORE THE APPELLATE AUTHORITY LAND REFORMS ALAPPUZHA HAVING A.A.NO.12/2018.
Exhibit P4 TRUE COPY OF THE APPEAL NO.27/2018 DATED 7.5.2018 PREFERRED BY THE 6TH RESPONDENT BEFORE THE APPELLATE AUTHORITY LAND REFORMS, ALAPPUZHA.
Exhibit P5 TRUE COPY OF THE I.A.FILED IN AA NO.12/2018 DATED 28.10.2020 PREFERRED BEFORE THE APPELLATE AUTHORITY LAND REFORMS, ALAPPUZHA.
Exhibit P6 TRUE COPY OF THE I.A.FILED IN A.A.NO.27/2018 DATED 28.10.2020 BEFORE THE APPELLATE AUTHORITY LAND REFORMS, ALAPPUZHA.
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