IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 1700 of 2009(B) ------------------------- AA.10/2008 of APPELLATE AUTHORITY (LR), ALAPPUZHA .................... PETITIONER(S): ------------------------ VIJAYAMMA, D/O. PACHAN KOCHURAMAN, TC 36/1895, EYANKANDAM VEEDU, PERUMTHANI, VALLAKADAVU.P.O, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------------------- 1. M. MADHUSOODHANAN, T.C 36/1895, EYANKANDAM VEEDU, PERUMTHANI, VALLAKADAVU.P.O, THIRUVANANTHAPURAM. 2. JANAKI PILLAI VISHALAKSHY AMMA, EANCHAL VEEDU, PERUMTHANI, VALLAKADAVU.P.O, THIRUVANANTHAPURAM. 3. THE DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM REP. BY ITS CHAIRMAN AND MANAGING DIRECT0R, THIRUVANANTHAPURAM. *ADDL.R4 & R5 ARE IMPLEADED: R4. THE APPELLATE AUTHORITY, ALAPPUZHA. R5. THE LAND TRIBUNAL, THIRUVANANTHAPURAM. (*ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER DTD.2/07/2009 IN I.A.NO.7674/09) R3 BY ADV. MR.K.G.RADHAKRISHAN,SC,TVM.DIST.CO.OP. BANK R4 & R5 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1700/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 30/07/92 IN SM 4/90. P2: COPY OF THE ORDER DTD. 31/05/01 IN AA 50/98. P3: COPY OF ORDER DTD. 17/05/01 IN SM 25/99. P4: COPY OF APPEAL MEMORANDUM IN AA 10/08 ON THE FILES OF APPELLATE AUTHORITY, ALLAPUZHA. P5: COPY OF THE ORDER DTD. 5/04/08 IN I.A.5/08 IN SM 25/2007. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE PATTA DTD. 17/05/2001. R3(B): COPY OF THE DOCUMENTS (TAX RECEIPT, THANDAPPER & POSSESSION CERTIFICATE). R3(C): COPY OF THE REPORT AND LEGAL OPINION OF THE ADVOCATE DTD. 25/10/2003. R3(D): COPY OF THE NOTICE SENT TO THE 1ST RESPONDENT DTD.11/08/07, 10/09/07 AND 11/02/2008. R3(E): COPY OF THE NOTICES DTD. 11/08/2007, 10/09/2007 & 11/02/2008. /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.1700 OF 2009 -------------------------- Dated this the 16th day of July 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To direct A.A 10/2008 on the file of Appellate Authority, Alapuzha and S.M 25/2007 on the files of Land Tribunal Trivandrum, to be disposed of as expeditiously as possible with in such time to be prescribed by this Hon'ble Court. ii) To restrain the third respondent from proceedings against the 26 cents of property comprised in Sy.No.1707 of Pettah village, Thiruvananthapuram, until the disposal of AA 10/2008 on the files of Appellate Authority, Alapuzha, and S.M 25/2007 on the files of Land Tribunal, Trivandrum. W.P.(C).No.1700 OF 2009 2 iii) To direct the third respondent to furnish to the petitioner, the entire details regarding any loan availed from it by the first respondent by pledging 26 cents of property comprised in Sy.No.1707 of Pettah village, Thiruvananthapuram. iv) To issue such other reliefs that this Hon'ble Court may deem fit and proper consider the nature and circumstances of this case. 2. At the time of hearing the learned counsel for the petitioner submitted that the relief may be confined to the issue of a direction to the Appellate Authority and the Land Tribunal to dispose the proceedings pending in the respective authorities with in a time limit. The learned Government pleader submits that S.M 25/2007 is posted before the Land Tribunal, Trivandrum on 18/08/2009, and if both parties co-operate it can be disposed without delay. The Land Tribunal, W.P.(C).No.1700 OF 2009 3 Trivandrum and also the Appellate Authority, Alapuzha are directed to dispose of the cases, S.M 25/2007 and A.A 10/2008 respectively, if services are complete and there is no legal impediment for disposing them, as expeditiously as possible at any rate within a span of four months from the date of this judgment. The learned counsel for the third respondent submits that the liability due to the bank has been cleared by the first respondent. That submission is also recorded. Writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv