IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 11478 of 2010(D) --------------------------------------- (SMP.NO.1047/2008 OF LAND TRIBUNAL, KOOTHUPARAMBA) .................... PETITIONER: ------------------- KAPALI NAMBOODHIRI, S/O.NARAYANAN NAMBOODHIRI (LATE), SEKHARA ILLAM, KARAYALAM AMSOM DESOM, KARAYALAM. BY ADVS. MR.SUNIL NAIR PALAKKAT, MR.K.N.ABHILASH, SMT.R.LEELA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY DISTRICT COLLECTOR OF KANNUR DISTRICT, COLLECTORATE, KANNUR. 2. THE SPECIAL THASILDHAR, LAND TRIBUNAL, KOOTHUPARAMBA, KANNUR. 3. VADAVIL RAMACHANDRAN, S/O.VADAVIL PARVATHI AMMA, MIDHILA, POTHERIPARAMBU, MUNDAYAD P.O., KANNUR. 4. THE VARAM SASTHAMKOTAM SEVA SANKAM, REP.BY ITS SECRETARY, REGISTERED NO.S 557, P.O.VARAM, KANNUR. R1 & R2 BY GOVT. PLEADER MR. P.K. RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 11478 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010. JUDGMENT Complaint of the petitioner is that suo motu proceedings, namely, S.M.P. 1047 of 2008 initiated by the Land Tribunal is being dragged on unnecessarily and that causes irreparable injury to the petitioner and therefore he seeks an early disposal of the proceedings. 2. Varam Sasthamkotta Siva Kshethram is a family temple of the petitioner. The affairs of the temple was being managed by the members of the family of the petitioner. Temple is a portion of the property comprised in R.S. 74/3, 72/5, 72/4 of Varam desom in Kannur District. Petitioner claims to have received a notice in S.M.P. 1047 of 2008 from Land Tribunal, Koothuparamba under Section 72(f) of the Kerala Land Reforms Act indicating that the property, which has an extent of 1 acre 90 cents, is sought to be assigned to the third respondent herein. Copy of the notice is produced as WPC. 11478/2010. 2 Ext.P1. Three other S.M.Proceedings, were initiated at the behest of the petitioner's relatives. All these properties are temple properties and are not liable to be assigned. 3. The petitioner claims to have filed objection before the Land Tribunal, Koothuparamba. He has also raised a preliminary issue regarding the maintainability of the proceedings. According to him, the matter is being dragged on under one pretext or another, and that causes considerable difficulties in managing the affairs of the temple. He prays for an early disposal of the proceedings. 4. Whether the property is liable to be assigned are matters to be determined by the Land Tribunal concerned. So also whether the properties are temple properties. However there seems to be some justification in the anxiety expressed by the petitioner that the delay in disposing of the proceedings is causing considerable difficulties in managing the affairs of the temple. It is only appropriate that the authorities dispose of the matters as expeditiously as possible. WPC. 11478/2010. 3 5. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary. In the result, there will be a direction to the Land Tribunal, Koothuparamba to take up S.M.P. 1047 of 2008 and other connected matters as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. P. BHAVADASAN, JUDGE sb.