Lalu S vs Land Tribunal
2023 Latest Caselaw 157 Ker

OP(C) No.23/2023                                1/2

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT
                             THE HONOURABLE MR.JUSTICE C.S.DIAS
                   Friday, the 6th day of January 2023 / 16th Pousha, 1944
                                     OP(C) NO. 23 OF 2023

                        OA 8/2019 OF LAND TRIBUNAL, VAIKOM, KOTTAYAM

   PETITIONER:

           LALU S, AGED 59 YEARS, S/O. K.A.SANKARAN,     PUTHUPALLIL (H) MUDAKAYAM
           P.O, KOTAYAM DISTRICT, PIN - 686 513.

   RESPONDENTS:

       1. LAND TRIBUNAL/SPECIAL TAHSILDAR AND THAHSILDAR, VAIKOM, PIN - 686
          141.
       2. C.B VENUGOPAL ,4TH FLOOR MONLASH, BUSINESS CENTER, CHANGAMPUZHA
          NAGAR, SOUTH KALAMASSERY, EDAPALLY, KOCHI, PIN - 682 033.
       3. NADERSHAH S/O HUSSAN KUNJ, AMMAZHATH (H), KATTIKKUNNU, CHEMB,
          KOTTAYAM DISTRICT, PIN - 686 608.


        OP (Civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to call
   for the entire records in O.A No. 8 of 2019 on the file of the 1st
   respondent Land Tribunal, Special Tahsildar Land Tribunal Vaikom and
   Tahsildar, pending disposal of the original petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   M/S C.S.MANU, ANANDHU SATHEESH, MANJU E.R, DILU JOSEPH, C.A.ANUPAMAN,
   T.B.SIVAPRASAD, C.Y.VIJAY KUMAR & ALINT JOSEPH, Advocates for the
   petitioner, the court passed the following:

                                          O R D E R

Admitted.

The learned Government Pleader takes notice for the first respondent. Issue notice by speed post to the respondents 2 and 3.

On a consideration of the averments in the affidavit filed is support of the application and taking note of Exhibit P4 to P6 orders, I am satisfied that the petitioner has made out a prima facie case for an interim order. Hence, I stay Exhibit P12 order passed by the Land Tribunal, Vaikom, for a period of one month.

                                                      Sd/- C.S.DIAS, JUDGE




06-01-2023                        /True Copy/                          Assistant Registrar
 OP(C) No.23/2023                 2/2

                     APPENDIX OF OP(C) 23/2023
Exhibit P4         A TRUE COPY OF THE ORDER DATED 16-10-2018 IN RC

NO.01/2013 PASSED BY THE LAND TRIBUNAL, KOTTAYAM Exhibit P5 A TRUE COPY OF THE SAID JUDGMENT DATED 11-04-2017 IN OP(C) NO. 2341 OF 2013 PASSED BY THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE COMPROMISE PETITION SUBMITTED BEFORE THE MUNSIFF'S COURT VAIKOM AS IA NO 668 OF 2018 IN OS NO 450 OF 1994.

Exhibit P12 A TRUE COPY OF THE SAID ORDER DATED 20-11-2021 PASSED BY THE 1ST RESPONDENT TRIBUNAL IN OA NO. 8 OF 2019