IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 OP(C).No. 1348 of 2011(O) ------------------------- SM.1449/1976 of LAND TRIBUNAL, THRISSUR .................... PETITIONER ------------------------------ VASU, S/O.VETTIYATTIL RAMAN, AGED 86 YEARS, KAVALAM VILLAGE, THANISSERY DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- THE LAND TRIBUNAL, THRISSUR - 688001 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1348 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 96-97. EXT.P1(a) : TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2006-2007. EXHIBIT P2: TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE KAVALAM GRAMA PANCHAYATH FOR THE PERIOD 2002. EXHIBIT P3: TRUE COPIES OF THE RESTORATION APPLICATION DATED 23.12.2010 ALONG WITH THE AFFIDAVIT. EXHIBIT P4: TRUE COPY OF THE DELAY CONDONATION APPLICATION ALONG WITH THE AFFIDAVIT DATED 23.12.2010. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1348 of 2011 --------------------------------------- Dated this 08th day of July, 2011 JUDGMENT Learned Government Pleader has taken notice for the respondent. 2. Grievance of petitioner is that the S.M proceeding initiated by the Land Tribunal, Irinjalakkuda as S.M.P.No.1449 of 1976 for issue of purchase certificate to the petitioner in respect of 50cents of land in survey 1329/4 of Kavalam Village which according to him was in his possession and enjoyment for more than 50years as a cultivating tenant, was dismissed by the Land Tribunal for the reason that petitioner did not appear. Petitioner claims to have filed Exts.P3 and P4, applications for restoration of the proceeding and to condone the delay in filing the said application. Grievance is that the Land Tribunal has refused to accept the same and pass appropriate orders. 3. Learned Government Pleader submitted that no such applications were filed before the Land Tribunal. Learned Government Pleader also submitted that the Land Tribunal, Irinjalakkuda has been abolished and now the jurisdiction is conferred on the Land Tribunal, Thrissur. Learned counsel O.P(C).No.1348 of 2011 -: 2 :- submits that the applications were filed but it was not entertained. 4. If petitioner has already filed the applications or, files the applications the Land Tribunal cannot refused to accept it. It has to receive the same and pass appropriate orders on it with notice to all interested parties involved. The Land Tribunal should also consider whether, it could have dismissed for default the suo moto proceedings initiated by it for the reason that petitioner was absent. Resultantly this original petition is disposed of directing the Land Tribunal, Thrissur to entertain the applications if preferred by petitioners seeking restoration of S.M.P.No.1449 of 1976 (of the erstwhile Land Tribunal, Irinjalakkuda) and condone the delay in filing the application and pass appropriate orders thereon after giving notice to all interested parties. (THOMAS P JOSEPH, JUDGE) Sbna/-