C.J.John vs Valsala Karthikeyan
2024 Latest Caselaw 10957 Ker

Kerala High Court

C.J.John vs Valsala Karthikeyan on 12 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                    OP(C) NO. 965 OF 2024
   AGAINST THE ORDER/JUDGMENT DATED IN AA NO.42 OF 2019 OF
             APPELLATE AUTHORITY (LR), ALAPPUZHA


PETITIONER/RESPONDENTS:

    1    C.J.JOHN
         AGED 76 YEARS, S/O.LATE C.J.JOSEPH,
         CHERUTHAZHOOR HOUSE, MARITHAZHAM P.O.,
         KANJIRAMATTOM, AMBALLOOR VILLAGE,
         KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682315
    2    BEENA JOSEPH
         AGED 70 YEARS, D/O.LATE C.J.JOSEPH,
         58/30, KOTTAGIRI HOUSE,
         MARUTHY BUILDINGS, ANTONY KATTIKKARAN ROAD,
         ERNAKULAM NORTH, ERNAKULAM VILLAGE,
         KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682018
    3    LICY PHILIP
         AGED 67 YEARS, W/O LATE. C.J.RAJAN,
         CHERUTHAZHOOR HOUSE, KANJIRAMATTOM P.O.,
         AMBALLOOR VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682315
    4    SRUTHY RAJAN
         AGED 40 YEARS
         D/O.LATE C.J.RAJAN,
         CHERUTHAZHOOR HOUSE, KANJIRAMATTOM P.O.,
         AMBALLOOR VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682315
    5    KIRAN JOHN RAJAN
         AGED 36 YEARS, S/O LATE.C.J.RAJAN,
         CHERUTHAZHOOR HOUSE, KANJIRAMATTOM P.O.,
         AMBALLOOR VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682315
         BY ADVS.
         K.PAUL KURIAKOSE
         K.HABEEBULLA
         ELDO KURIAKOSE
         ZACHARIAH GEORGE.K.
 O.P.(C) No. 965/2024

                                        ..2..


RESPONDENTS/PETITIONERS:

      1       VALSALA KARTHIKEYAN
              W/O.KARTHIKEYAN, HOUSE NO.51/1478,
              PULLARATHUNDI, THYKOODAM, VYTTILA P.O.,
              KOCHI, PIN - 682019

      2       THE LAND REFORMS APPELLATE AUTHORITY
              C.C.S.B ROAD, NEAR COLLECTORATE,
              ALAPPUZHA, PIN - 688001


       THIS    OP      (CIVIL)    HAVING        COME   UP    FOR    ADMISSION   ON
12.04.2024,       THE     COURT    ON    THE      SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C) No. 965/2024

                                       ..3..


                             JUDGMENT

This original petition has been filed for expeditious disposal of AA

No.42/2019 pending before the Land Reforms Appellate Authority (LR),

Alappuzha.

2. I have heard Sri. K. Paul Kuriakose, the learned counsel for the

petitioners.

3. O.A.No.55/2015 was filed in the year 2015. The petitioners

herein were the respondents. The 1st respondent herein filed the above O.A.

seeking kudikidappu right. The O.A. was dismissed. The 1 st respondent

preferred appeal before the Land Reforms Appellate Authority challenging

the dismissal of O.A. It is a fact that appeal is pending for the last five years.

In these circumstances, I am of the view that prayer sought for can be

granted.

Hence this original petition is disposed of with a direction to the Land

Reforms Appellate Authority, Alappuzha to dispose of A.A.No.42/2019 as

expeditiously as possible, at any rate within six months from the date of

receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

..4..

APPENDIX OF OP(C) 965/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION MADE BY THE RESPONDENT WHICH WAS NUMBERED AS O.A.NO.55 OF 2015 ON THE FILES OF THE LAND TRIBUNAL, ERNAKULAM EXHIBIT P2 TRUE COPY THE OBJECTIONS DATED 12.11.2016 FILED BY PETITIONERS 1, 2 AND THEIR BROTHER SRI C.J.RAJAN IN EXHIBIT P-1 ORIGINAL APPLICATION EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.05.2019 IN EXHIBIT P-1 ORIGINAL APPLICATION EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPEAL A.A.NO.42 OF 2019 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE 2ND RESPONDENT APPELLATE AUTHORITY