IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 7190 of 2009(O) PETITIONER: --------------- HARIDASAN, S/O.NARAYANAN, AGED 68 YEARS, RESIDING AT KOLLASSERY HOUSE, PAPPADY, PATHIYOOR KIZHAKKUM MURI, PATHIYOOR VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.M.S.NISHAD RESPONDENTS: --------------- 1. THE LAND TRIBUNAL, CHERTHALA. 2. VIJAYALEKSHMI PILLAI, RESIDING AT KOKKATTUVEETTIL, KOIPPALLY KARAIMA MURI, PERUNGALA VILLAGE, KARTHIKAPPALLY TALUK. 3. AJIRAJ, RESIDING AT CHAITHANYA, ERUVA MURI, PATHIYOOR VILLAGE, KAYAMKULAM ALAPPUZHA DISTRICT.. R3 BY ADV. SRI.BECHU KURIAN THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE INJUNCTION ORDER DATED 2.9.2005 IN O.S.NO.429/2005 OF THE MUNSIFF'S COURT, KAYAMKULAM. EXT.P2 TRUE COPY OF THE INJUNCTION ORDER DATED 9.9.2005 IN O.S.NO.436/2005 OF THE MUNSIFF'S COURT, KAYAMKULAM. EXT.P3 TRUE COPY OF THE NOTICE DATED 4.5.2006 OF THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE PETITION DATED 18.4.2006 SUBMITTED BY THE POWER OF ATTORNEY OF THE THIRD RESPONDENT BEFORE THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE PETITION DATED 27.9.2006 SUBMITTED BY THE THIRD RESPONDENT IN SM.NO.78/2006 BEFORE THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE JUDGMENT DATED 3.4.2007 IN W.P.(C) NO.7891/2007 OF THIS COURT. EXT.P7 TRUE COPY OF THE REPORT OF THE REVENUE INSPECTOR DATED 22.3.2006. EXT.P8 TRUE COPY OF THE REPORT OF THE AUTHORISED OFFICER DATED 29.1.2009. EXT.P9 TRUE COPY OF THE AFFIDAVIT AND PETITION SUBMITTED BY THE PETITIONER IN SM.NO.78/2006 BEFORE THE FIRST RESPONDENT. EXT.P10 TRUE COPY OF THE COPY APPLICATION SUBMITTED BY THE PETITIONER'S COUNSEL. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7190 OF 2009 O ------------------------------------------------------ Dated this the 1st April, 2009 JUDGMENT On 5.3.2009, when the Writ Petition came up for admission, I passed the following order: “Suo motu proceedings were initiated before the Land Tribunal, Cherthala in S.M.No.78 of 2006, showing the petitioner as the tenant. It would appear that the third respondent got himself impleaded in the proceedings. Ext.P8 report dated 29.1.2009 was submitted by the Revenue Inspector. It is submitted by the learned counsel for the petitioner that the petitioner received copy of the report only by the end of February, 2009. In paragraph 4 of the Writ Petition, the dates of posting of the case before the Land Tribunal are shown. It is submitted that after the report was filed by the Revenue Inspector, the Land Tribunal did not afford an opportunity to the petitioner to file objections to the report. On the other hand, the case is posted for evidence, as a last chance, on 12.3.2009. 2. I do not think that the reliefs prayed for in the Writ Petition as such can be granted. At the same time, the contention raised by the petitioner that he was not afforded an opportunity to file objections to the report of the Revenue Inspector requires to be examined. Therefore, the Writ Petition is admitted for the said limited purpose. Issue notice to the respondents. 3. There will be an interim stay as prayed for, for a period of one month. A copy of this order shall be sent along with the notice to the respondents.” 2. Heard the learned counsel for the petitioner, Sri.Rajasekharan W.P.(C) NO.7190 OF 2009 :: 2 :: Pillai, and the learned counsel appearing for the third respondent, Sri.Bechu Kurian Thomas. Learned counsel for the third respondent submitted that he has no objection in affording an opportunity to the petitioner to file objections to the report submitted by the Revenue Inspector. This submission is recorded. He also submitted that the case now stands posted to 7.5.2009 before the Land Tribunal. Petitioner shall file objections to the Revenue Inspector's report on or before 7.5.2009. The Land Tribunal shall expedite the hearing of the case and shall dispose of the case in accordance with law. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/