IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 CRP.No. 510 of 2010() ------------------------------ AA.76/1999 of APPELLATE AUTHORITY (LR), KANNUR A. NO.2/1994 OF SPECIAL DEPUTY COLLECTOR, (LAND TRIBUNAL), PALAKKAD. .................... REVN. PETITIONER/RESPONDENT/APPLICANT ------------------------------------------------------------------- THIRUTHUMMAL MAMMU KOYA, S/O.KOYAKUTTY, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENTS/RESPONDENTS/RESPONDENTS/STATE -------------------------------------------------------------------------------- 1. KARTHIK JAYANANDAN, S/O.LATE C.S.JAYANANDAN, RESIDING AT MASILIMANI HOSTEL ROAD, VELLUR, TAMILNADU, P.O. VELLUR-632 001. 2. VYJAYANTHI JAYANANDAN, W/O.LATE C.S.JAYANANDAN, RESIDING AT MASILIMANI HOSTEL ROAD, VELLUR, TAMILNADU, P.O. VELLUR-632 001. 3. ANJANA VISHWANATH, D/O.LATE C.S.JAYANANDAN, RESIDING AT MASILIMANI HOSTEL ROAD, VELLUR, TAMILNADU, P.O. VELLUR-632 001. 4. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY ADV. SRI.A.SUDHI VASUDEVAN, SMT.K.PUSHPAVATHI, SRI.JOHNSON K.KURIEN. R4 BY GOVT. PLEADER THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- C.R.P.No.510 of 2010 -------------------------------------- Dated this the 19th day of November, 2011. ORDER This civil revision arises from the order passed by the Appellate Authority (LR), Kannur on 24.10.2009 in A.A.No.76 of 1999 remanding the proceeding to the Special Deputy Tahsildar (LR), Palakkad for fixing fair rent having regard to the relevant circumstances stated in the order. (I am told that presently the matter is being dealt with by the Land Tribunal, Kozhikode). 2. Petitioner sought re-assessment of fair rent. That request was allowed and fair rent was fixed at `1,000/- per month from 01.02.1994. The predecessor-in-interest of respondents 1 to 3 herein challenged the said order before the Appellate Authority (LR) in A.A.No.76 of 1999. During the pendency of that appeal, appellant died and respondents 1 to 3 were impleaded as additional appellants. It would appear that whatever be the reason thereof, petitioner or counsel was not present before the Appellate Authority (LR) on several posting dates and thereon the Appellate Authority (LR) heard the matter on merit and passed the impugned order dated 24.10.2009 remanding the matter to the appropriate authority for fresh decision. That order is under challenge. 3. Learned counsel submits that there was sufficient materials on record to fix fair rent and at any rate, remand was not called for. It is also submitted that petitioner was aged about 85 years and laid up due to several CRP No.510/2010 2 ailments from the end of 2008 till the end of 2009 and hence could not appear before the Appellate Authority. I have heard learned counsel for respondents 1 to 3. 4. On going through the order dated 24.10.2009 it is seen that Appellate Authority thought that having regard to the facts and circumstances of the case a remand of the case is required. Having heard both sides and gone through the order under challenge I do not find reason to interfere with the order remanding the case. 5. Learned counsel has expressed the apprehension that the Land Tribunal dealing with the matter after remand might take time to dispose of the proceeding. That apprehension can be allayed by directing the said authority to dispose of the proceeding as early as possible giving it priority. Resultantly with the direction that the authority dealing with the proceeding shall expedite the proceeding giving it top priority, this civil revision is closed. The Appellate Authority (LR), Kannur if it has not transmitted the records of the case to the authority dealing with the matter, shall do so immediately. THOMAS P.JOSEPH, Judge. cks