IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 2872 of 2009(P) RC.1/2006 OF LAND TRIBUNAL, THRISSUR O.S.NO.81 OF 2003, MUNSIFF'S COURT, IRINJALAKUDA. PETITIONERS: --------------- 1. NIRMALA, AGED 52, D/O.LATE POONATHA KRISHNA KAMMATH, VADAKKUMMURI DESOM, RAMESWARAM VILLAGE, KOCHI TALUK. 2. BABY, AGED 50, D/O.LATE POONATHA KRISHNA KAMMATH, VADAKKUMMURI DESOM, RAMESWARAM VILLAGE, KOCHI TALUK. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENTS: --------------- 1. HASSAN, AGED 59, S/O.THANIVARUTHIYIL ALIYAR, MALA DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK. 2. SATHYA NARAYANAN, AGED 41, S/O. AZHIKAKKARAN VASUDEVA SHENAI, MALA DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK. 3. DEVAKI AMMAL, AGED 84, W/O. VASUDEVA SHENOI, MALA DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 2872 OF 2009 P ------------------------------------------------------ Dated this the 19th February, 2009 JUDGMENT The petitioners and others filed O.S.No.81 of 2003, on the file of the Court of the Munsiff of Irinjalakuda, against the respondents for recovery of possession of plaint B schedule property. The defendants contested the suit. They put forward a claim of tenancy under the Kerala Land Reforms Act. They also submitted that the question of tenancy should be referred to the Land Tribunal. The trial court referred the question of tenancy to the Land Tribunal, which was challenged by the petitioners in W.P.(C) No.6642 of 2006. This Court dismissed W.P.(C) No.6642 of 2006. However, the Land Tribunal was directed to decide the question of tenancy referred to it and to return the records together with its decision to the Civil Court, as expeditiously as possible and, at any rate, within six months. The grievance of the petitioners is that in spite of the direction issued by this Court in W.P.(C) No.6642 of 2006, the Land Tribunal has not decided the question of tenancy referred to it and complied with the directions. 2. When the Writ petition came up for admission, this court passed W.P.(C) NO. 2872 OF 2009 :: 2 :: an order on 29.1.2009, calling for a report from the Land Tribunal. The Special Tahsildar (LR), Thrissur, has submitted a report dated 12.2.2009, in which it is stated that a Commissioner was appointed and the report was received. It is also reported that in Thrissur District 28 Block and Taluk Level Land Tribunals were functioning. But, now the Land Tribunals were abolished and the residuary work of all those Land Tribunals are being dealt with by one Land Tribunal. It is also stated that about 800 cases under Sections 72 and 80(B) are being considered by the Land Tribunal. The report further states that frequent transfers of the Land Tribunal also caused delay in the matter of disposal. The Land Tribunal has requested for some more time to dispose of the case. 3. In the facts and circumstances of the case, there will be a direction to the Land Tribunal to dispose of the case within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/