IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WA.No. 1296 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.21573/2003 Dated 02/06/2009 .................... APPELLANT/PETITIONER: --------------------------- M/S.DAMODAR TEXTILES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT DOOR NO.20, BHARATHI PARK, 1ST CROSS ROAD, COIMBATORE, REPRESENTED BY ITS DIRECTOR, C.D.MENON. BY ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND BOARD, KERALA STATE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE TAHSILDAR, MANNARKKAD. BY SR. GOVT. PLEADER, SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1296 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 14th day of July, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. The writ petition was filed with the following prayers: “i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts.p1 and P3 and quash the same; ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P4 and direct the 2nd respondent to consider and pass orders on the petition dated 19.04.91 forthwith; iii) issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from taking possession of 12.60 acres of land comprised in Survey No.661 of Kottathara Village in Mannarkkad Taluk in Paladdad District.” 2. The learned Single Judge dismissed the writ petition mainly on the ground of delay and laches. It was held that Ext.P1 order rejecting the request of the petitioner under WA No.1296/09 -:2:- Section 81(3) of the Kerala Land Reforms Act was issued as early as on 20.02.91 and that has become final. Therefore, review thereof as per Ext.P4, dated 06.04.02, was highly belated. When the matter came up before us we directed the Government Pleader to make available the records. We are informed that though Ext.P4 is said to have been rejected by the Government, the files are missing. 3. According to the learned senior counsel appearing for the petitioner, the application has not so far been rejected. Be that as it may, if files are missing, it is only appropriate that the Government considers afresh Ext.P4 with notice to the petitioner and passes appropriate orders in accordance with law. Accordingly, we set aside the judgment of the learned Single Judge and dispose of the writ petition as follows: Petitioner will produce a copy of the writ petition and writ appeal before the 1st respondent along with a copy of the judgment within two weeks from today. The 1st respondent will consider the matter afresh in accordance with law with notice to WA No.1296/09 -:3:- the petitioner and pass fresh orders thereon within another three months. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb