IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 OP.No. 13547 of 1998(K) -------------------------------- PETITIONER: ----------------- THONIKADAVIL KANNAN, S/O. KOTTAN, RESIDING AT KADUVANA IN ADOOR VILLAGE, KASARAGOD TALUK, P.O. PANDI. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENTS: ---------------------- 1. CHIRUTHA, D/O. KOTTAN, RESIDING AT KADUVANA IN ADOOR VILLAGE, P.O. PANDI, KASARAGOD TALUK. 2. KARTHYAYINI, D/O. ACHA AND W/O. BAMBAN, RESIDING AT KONDUCHI IN BADADKA VILLAGE AND POST, KASARAGOD TALUK. 3. MADHAVI, D/O. ACHA AND W/O. KORAN, RESIDING AT SHANKARAMPADY IN BADADKA VILLAGE AND POST, KASARAGOD TALUK. 4. K. BHASKARAN, S/O. CHANDRAN, RESIDING AT BEPU IN MULIYAR VILLAGE ANDPOST, KASARAGOD TALUK. 5. THE APPELLATE AUTHORITY, (L.R), KANNUR P.O., KANNUR. 6. THE DEPUTY COLLECTOR(LAND TRIBUNAL), KANNUR P.O., KANNUR. BY ADVS. SRI.A.P.CHANDRASEKHARAN (SR.) SRI. KODOTH PUSHPARAJAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 23827/1998 IN OP NO. 13547/1998 K. DISMISSED 16/01/2008. SD/- K.M.JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER IN OA NO. 5656/75 ON THE FILE OF THE DEPUTY COLLECTOR, (LAND TRIBUNAL) KANNUR EXT.P2. COPY OF THE APPEAL MEMORANDUM AA NO. 80/92 ON THE FILE OF THE APPELLATE AUTHORITY (LR), KANNUR DT. 3/08/94. EXT.P3. COPY OF THE DELAY PETITION FILED IN AA NO. 80/94 ON THE FILE OF THE APPELLATE AUTHORITY (LR), KANNUR DT. 3/08/94. EXT.P3A. COPY OF THE AFFIDAVIT FILED ALONG WITH THE DELAY PETITION DT. 3/08/94. EXT.P4. COPY OF THE COUNTER FILED TO THE DELAY PETITION IN AA NO. 80/94 ON THE FILE OF THE APPELATE AUTHORITY (LR), KANNUR DT. 09/01/95. EXT.P5. COPY OF THE JUDGMENT IN AA NO. 80/94 DT. 31/10/97. RESPONDENT'S EXHIBITS NIL. True copy tga K. M. JOSEPH, J. ----------------------------------- O.P NO. 13547 OF 1998 K ----------------------------------- Dated this the 16th January, 2008 JUDGMENT Ext.P1 is the order of the Land Tribunal under Section 72B (3) of the Land Reforms Act allowing the application filed by petitioner and finding that the petitioner is the cultivating tenant and proceeding on the basis that the petitioner is cultivating tenant allowing the purchase of the Landlord's right over the property. An Appeal was carried by respondents 1 to 4 who are sisters and brother of the petitioner and grand-children of Kotten, father of the petitioner. There was an enormous delay of nearly 18 years. However, the Appellate Authority condoned the delay and thereafter proceeded to pass Ext.P5 Judgment allowing the Appeal and remitting the case back for fresh consideration. Petitioner challenges Ext.P5. 2. Heard the learned counsel for the petitioner and also the learned counsel appearing for respondents 1 to 4. OP NO. 13547/98 K 2 3. Shri K.G. Gowri Shankar Rai, learned counsel for the petitioner would limit his contentions and submit that the Appellate Authority proceeded to find that these being the fact and law, the finding arrived by the Land Tribunal on Point No.1 ie. whether the applicant is a cultivating tenant in respect of the property or not, will not stand and he would submit that the matter should receive the attention of the Tribunal untrammelled by the observations made by the Appellate Authority. I feel that the request made by the counsel for petitioner has to be allowed. As the matter is now remitted back for a reconsideration on the issue, I feel that the tribunal is to take a decision independently of any of the observations made by the Appellate Authority. Accordingly, the Original Petition is disposed of upholding Ext.P5, but making it clear that when the tribunal reconsiders the matter pursuant to Ext.P5, it should do so untrammelled by any OP NO. 13547/98 K 3 finding or any observations made in Ext.P5. The tribunal will necessarily after affording full opportunity to all the parties take a decision in accordance with law. K.M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 13547 OF 1998 K JUDGMENT 16th January, 2008.