IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 OP(C).No. 1160 of 2011(O) ----------------------------------------- (AA.78/1985 & AA.79/1985 OF APPELLATE AUTHORITY (LAND REFORMS) KOZHIKODE) ........ PETITIONERS: ------------------------ 1. MUMTAZ, D/O.AHMED KUTTY, AGED 30 YEARS, KARUTHEDATH, INDANOOR, KOTTOOR, TIRUR, MALAPPURAM DISTRICT. 2. K.IBRAHIM, KARUTHEDATH, INDANOOR, KOTTOOR, TIRUR, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ---------------------------- 1. M.K.PARMANABHAN NAIR, MANGATTU, KALAKANDATHIL, KOTTACKAL AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT - 676 001. 2. SAVITHRI ANTHARJANAM, AZHVANCHERY MANAKKAL, ATHANAVAD AMSOM, MALAPPURAM DISTRICT - 676 001. 3. M.K.SUSEELA, D/O.LAKHSMIKUTTY AMMA, KALAKANDATHIL, KOTTACKAL AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT - 676 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.1160/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TITLE DEED DTD. 26/04/1985. P2: COPY OF THE KANAM TITLE DEED DTD. 19/03/2010. P3: COPY OF THE JUDGMENT DTD. 8/2/1988 PASSED BY THE SUB COURT, MANJERI. P4: COPY OF ORDER OF THE APPELLATE AUTHORITY IN AA.78/85. P5: COPY OF THE TAX RECEIPT PAID BY THE 2ND PETITIONER FOR THE SAID PROPERTY. P6: COPY OF THE IA/2010 IN AA.NO.79/1985 FILED BEFORE THE APPELLATE AUTHORITY, TRICHUR. P7: COPY OF THE COMMUNICATION IN THIS REGARD ISSUED TO THE 2ND RESPONDENT DTD. 10/03/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1160 of 2011 --------------------------------------- Dated this 16th day of August, 2011 JUDGMENT Respondents are served. 2. Petitioner seeks a direction to the Appellate Authority (LR), Kannur to sent files relating to A.A.Nos.78 and 79 of 1985 (of Appellate Authority (LR), Kozhikode) to the Land Tribunal, Kottakkal for follow up action pursuant to Ext.P4, order passed by the Appellate Authority (LR), Kozhikode in the said appeals on 30.01.1988. 3. It is submitted by learned counsel for petitioners that the Land Tribunal, Kottakkal initially allowed O.A.No.233 of 1976 in favour of the first respondent which was challenged by the third respondent and others in A.A.Nos.78 and 79 of 1985 before the Appellate Authority (LR), Kozhikode and appeals were allowed vide Ext.P4, order dated 30.01.1988 remitting O.A.No.233 of 1976 to the Land Tribunal, Kottakkal for fresh decision. It is submitted that until now, no action has been taken on O.A.No.233 of 1976. It is also submitted that second petitioner filed a petition before the Appellate Authority (LR), Thrissur which gave a communication to the Appellate Authority (LR), Kannur with copy to the second petitioner wherein it is stated O.P(C).No.1160 of 2011 -: 2 :- that it is learned that the records of the above said appeals were transmitted to the Appellate Authority (LR), Kannur for necessary action. 4. Learned counsel for petitioners contend that on checking up with the office of the Sub Court, Manjeri where, in the meantime the first respondent had filed a suit and failed, it is learned that the records relating to the Land Tribunal proceeding have been returned to the appropriate authority. 5. It is seen that the appeals were allowed and the case remitted to the Land Tribunal as per Ext.P4, order dated 30.01.1988. If the Appellate Authority, Kannur is in receipt of records relating to O.A.No.233 of 1976 of the Land Tribunal, Kottakkal and A.A.Nos.78 and 79 of 1985 of the Appellate Authority (LR), Kozhikode, those records are to be transmitted to the appropriate Land Tribunal for decision in the light of the remand order stated above. Resultantly this original petition is disposed of directing the Appellate Authority (LR), Kannur, if it is in receipt of the records above stated, to transmit the same forthwith to the appropriate Land Tribunal for decision in the matter as directed by the Appellate Authority (LR), Kozhikode in Ext.P4, order dated 30.01.1988. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-