IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10910 of 2008(W) -------------------------- RC.1/2006 of LAND TRIBUNAL, TIRUR .................... PETITIONER: ------------ THEYYAM VEETTIL VIJAYAN, S/O. CHANDRAMATHY AMMA, VALLIKUNNU, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ----------------- 1. CHELAKODE DAMODARA KURUP, S/O. RAVUNNI NAIR, VALLIKUNNU, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. KOTTARATHIL JANAKI AMMA, D/O. LAKSHMI AMMA, VALLIKUNNU, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 3. KOTTARATHIL KUNHILAKSHMI AMMA, D/O. LAKSHMI AMMA, VALLIKUNNU, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.10910 OF 2008 =========================== Dated this the 1st day of April, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India for a writ of mandamus directing Land Tribunal, Tirur to comply with Ext.P2 order and for a writ of certiorari to Ext.P3 order and quash the same. As per Ext.P1 judgment in W.P.(C) 2735/2004 dated 7.3.06, this court quashed the order passed by Munsiff Court, Tirur and directed to refer the question of kudikidappu to the Land Tribunal under section 125 (3) of Kerala Land Reforms Act. Under Ext.P2 order dated 7.4.06 this court, in the review petition, directed Land Tribunal, Tirur to dispose the matter within four months from the date on which the reference is received and to report compliance by the Land Tribunal. Case of the petitioner is that subsequent to that order, Land Tribunal though received the records did not comply with the W.P.(C)10910/08 2 directions of this court in Ext.P2 order and instead under Ext.P3 directed Revenue Inspector to conduct an enquiry and submit a report. Petitioner contended that Land Tribunal should not have directed the Revenue Inspector to conduct an enquiry and therefore Ext.P3 order is to be quashed. It is also contended that Land Tribunal is to be directed to comply with Ext.P2 order without further delay. 2. As per Ext.P2 order, this court directed the Land Tribunal to submit a finding on the reference to the trial court within four months from the date of receipt of the records. That order was passed on 7.4.2006. Inspite of that direction, Ext.P3 order was passed on 20.2.08 directing the Revenue Inspector to submit a report. That order was passed about two years from the date of Ext.P2 order. Learned counsel appearing for petitioner submitted that eventhough there was a prayer to quash Ext.P3 order, Revenue Inspector has already submitted a report after inspection. W.P.(C)10910/08 3 It was submitted in view of the report petitioner may be granted an opportunity to file objection to the said report. The Land Tribunal is directed to grant an opportunity to the parties to file objection to the report. Land Tribunal is also directed to decide the question of kudikidappu referred to it without further delay and comply with Ext.P2 order, at any rate within two months from the date of receipt of a copy of this order. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006