Kerala High Court
Sankaran E.K vs State Of Kerala on 30 September, 2024
2024:KER:72532
WP(C) NO. 34161 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34161 OF 2024
PETITIONER/S:
SANKARAN E.K
AGED 75 YEARS
S/O. KUNHAMBU ASARI, RATHEESH NIVAS, PATTANNUR,
KODOLIPRAM, KANNUR DISTRICT, PIN - 670595
BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 LAND REFORMS APPELLATE AUTHORITY
THAVAKKARA, KANNUR, PIN - 670002
3 LAND TRIBUNAL
LAND TRIBUNAL OFFICE, KUTHUPARAMBA,
KANNUR DISTRICT, PIN - 670643
OTHER PRESENT:
SRI.B.S.SYAMANTHAK,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 30th day of September 2024)
The petitioner is an owner in possession of 60 cents of
land in Re-Survey No.52/102 of the Pattannur Village, Kannur
District. Suo motu proceedings were initiated in respect of the
property as S.M No.60/2006. The application for purchase
certificate was rejected by order dated 24.03.2010. The petitioner,
thereafter, preferred an appeal before the Land Reforms Appellate
Authority and was numbered as AA 93/2010. The said appeal was
dismissed for default on 29.04.2015 as per Ext.P3. After a delay of
more than 3203 days, the petitioner filed an application for
restoring the appeal with an application for condoning the delay as
Exts.P4 and P5, on the ground that he was suffering from paralysis
and was continuing under treatment.
2. The petitioner prays for a direction to the
Appellate Authority to take up Exts.P4 and P5 and pass appropriate
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WP(C) NO. 34161 OF 2024
orders within a time limit.
3. Heard the counsel for the petitioner as well as the
learned Government Pleader.
Taking into note that the appeal was filed as early as in
2010, which was dismissed for default, and two applications are
pending before the Authority for restoration of the appeal, I deem
it appropriate to dispose of the writ petition, directing the 2nd
respondent to take up Exts.P4 and P5, issue notice to the
respondent therein, and after hearing pass appropriate orders,
within a period of three months from the date of receipt of a copy
of this judgment.
Sd/-
BASANT BALAJI
JUDGE
JS
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WP(C) NO. 34161 OF 2024
APPENDIX OF WP(C) 34161/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 16 DATED
03/01/2006 OF SRO, IRITTI
Exhibit P2 TRUE COPY OF THE ADANKAL EXTRACT OF THE
PROPERTY DATED 24/03/2021
Exhibit P3 TRUE COPY OF THE ORDER OF THE APPELLATE
AUTHORITY (LR), KANNUR IN AA NO. 93/2010
DATED 29/04/2015
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO RESTORE THE APPEAL AS IA
3/2024 IN AA NO. 93/2010 DATED 15/03/2024
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO RESTORE THE APPEAL AS
4/2024 IN AA NO. 93/2010 DATED 15/03/2024
