IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 28966 of 2010() ------------------------- SM.113/2005 of LAND TRIBUNAL, MANJERI .................... PETITIONER(S): --------------- VYSYAR IYYATHUTTY @ IMMU, W/O.THAMARATH MOHAMAD@ BAPPUTTY HAJI,AGED 60 YEARS KARIAVATTOM VILLAGE, PO.MANNARMALA, PERINTHALMANNA. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): --------------- 1. KUNJATHUTTY @ IMMU, S/O.VYSIAR MOIDEENKUTTY HAJI, PO.MANNARMALA, PERINTHALMANNA, PIN - 679 325. 2. VYSIAR AMINA, D/O.VYSIAR HAMSA HAJI, PO.MANNARMALA, PERINTHALMANNA, PIN - 679 325. 3. ALI, KARIVATTOM VILLAGE, PO MANNARMALA, PERINTHALMANNA, PIN - 679 325. 4. VYSIAR SHIHABALI, AGED 31 YEARS,S/O.VYSIAR MOHAMED PO, MANNARMALA,PERINTHALMANNA, PIN - 679 325. 5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 6. THE LAND TRIBUNAL, OFFICE OF THE LAND TRIBUNAL(OFFICE OF SPECIAL TAHSILDAR L.R.)MANJERI, PIN - 676 121. MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28966 of 2010 (U) --------------------------------- Dated, this the 21st day of October, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P1, an order passed by the Land Tribunal. 2. In WP(C) No.29701/2010, which was filed by another person challenging a similar order of the Land Tribunal, this Court took the view that the remedy available to the petitioner was to seek appellate remedy available under the Kerala Land Reforms Act itself, and that relegated the petitioner therein to seek his statutory remedies. Consistent with the above, this writ petition also has to be disposed of relegating the petitioner to pursue the appellate remedy. Accordingly, this writ petition is disposed of leaving it open to the petitioner to file an appeal against Ext.P1 order. Having regard to the pendency of this writ petition before this Court, it is directed that if an appeal is filed within three weeks from today, the appellate authority shall consider the same on merits and with notice to the parties concerned. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg