IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29279 of 2008(I) -------------------------- AGAINST THE ORDER IN OA 91/03 IN OA.207/2000 of LAND TRIBUNAL, KANAYANNUR .................... PETITIONER(S): --------------- 1. K.KANAKAM, W/O.LAKSHMANAN, 84 YEARS R/AT.HOUSE NO.3/99, NORTH CHERLAI, NEAR NARASIMHAPURAM TEMPLE, KOCHI-2. 2. N.K.SREENIVASAN, S/O.LATE KAMALABAI AGED 81, R/AT.KOPPARAMBIL HOUSE, GANDHI JAYANTHI ROAD, THAMMANAM, ERNAKULAM., KOCHI-32. 3. N.K.VENKATESWARAN, S/O.LATE KAMALABAI AGED 70 UEARS, R/AT. RAJ BHAVAN, THATTAYATH HOUSE, EDAPPALLY, KOCHI-24. BY ADV. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN RESPONDENT(S): --------------- 1. K.L.PRABHAKARAN, S/O.LATE LAKSHMANAN, AGED 55, NEAR ANTHIMAHAKALAN TEMPLE, EROOR 2. K.L.SHOBHA, D/A. OF LATE LAKSHMANAN AND 3. K.L.MEERA, D/OF LATE LAKSHMANAN, AGED 49 , KANGATH HOUSE, MARKET ROAD, ERNAKULAM. 4. K.L.SUDHAKARAN, S/O.LATE LAKSHMANAN, AGED 49, KANGATH HOUSE, MARKET ROAD, ERNAKULAM. 5. VRINDA, W/O.OF LATE DIVAKARAN, AGED 43, R/AT. PARAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTUR ERNAKULAM. 6. DILEEP, SON OF LATE DIVAKARAN, AGED 23, NOW RESIDING AT PARAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR, EKM WP(C).No. 29279 of 2008 -2- 7. VINITHA, DAUGHTER OF LATE DIVAKARAN, AGED 21, NOW RESIDING AT PARAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR, EKM 8. ANITHA, DAUGHER OF LATE DIVAKARAN, AGED 19, NOW RESIDING AT PARAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR, EKM 9. LAND TRIBUNAL, ERNAKULAM (Impleaded as per Order dated 13.10.2008 in I.A.12777/2008) BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29279/2008 -------------------- Dated this the 13th day of October, 2008 JUDGMENT Petitioners are the children of one late Kamalabai, wife of late Krishnan. The party respondents are legal heirs of one Lakshmanan, another son of Kamalabai. There is a dispute between the petitioners and respondents as regards the kudikidappu right in respect of a property having an extent of 2.300 cents comprised in survey No.796/3 of Ernakulam Village. Apparently, Kamalabai commenced residence in the year 1948. There are separate applications for purchase of the kudikidappu right, one at the instance of the petitioners together and another at the instance of the respondents as legal heirs of Lakshmanan, as O.A.207/2000 and 91/1993 pending before the Land Tribunal, Ernakulam. There is delay in orders being passed on the applications. In the meanwhile, there is a Suit for declaration of the status of Kamakabai and consequently the legal heirs, pending as O.S.337/2005 before the Sub Court. All the W.P.(C).29279/2008 2 parties to this writ petition are parties to the said Suit as well. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the additional eighth respondent, the Land Tribunal, Ernakulam, to take up O.A.91/1993 and 207/2000 and proceed to dispose of the same in accordance with law, as early as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs