IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 19145 of 2008(D) -------------------------- OA.31/1989 of LAND TRIBUNAL, KODUVALLY .................... PETITIONER: --------------- UMMARAKUZHI PURAYIL PATHUMMA, W/O. ATHRUMANKUTTY HAJI, MUTTANCHERI DESOM IN MADAVOOR VILLAGE, P.O.MUTTANCEHRRY. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ---------------- 1. THE LAND TRIBUNAL, KODUVALLY, KOZHIKODE DT. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. ADV. SMT. BINDHU R, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 19145 of 2008 ========================== Dated this the 23rd day of September, 2008. JUDGMENT The petitioner who is a Muslim woman applied before the Land Tribunal, Koduvally as per O.A. No. 31/1989, evidently under Section 80(B) of the Kerala Land Reforms Act, 1964 for the purchase of 'kudikidappu' in respect of a property of one U.P. Muhammed who is the owner. The grievance of the petitioner is that even after the lapse of 9 years, the said O.A has not been decided and the petitioner, therefore, prays for a direction to expedite and complete the proceedings in the said O.A. 2. A statement has been filed by the Special Tahsildar as per the direction of this Court. The said statement states as follows:- The Land Tribunal, Koduvally was abolished with effect from 01.11.1998 as per order dated 04.11.1998 in L2-43371/98 of the District Collector, Kozhikode. After the abolition of the said Land Tribunal, the files were transferred to the Land Tribunal, Kozhikode and the records were shifted on 18.07.2001. Unfortunately the register showing the handing over of charge indicating the the transfer of case file to the Kozhikode Land Tribunal could not be traced out to W.P.(C) NO. 19145/2008 : 2: verify whether the records in the particular case were received in the Land Tribunal, Kozhikode. On verification of the posting register also, it is found that the particular case is not posted for hearing before the Land Tribunal, Kozhikode after 18.07.2001. More than 40 Land Tribunals including the Land Tribunal, Koduvally in Kozhikode district were abolished and the jurisdiction of those Land Tribunals have been given to the Land Tribunal, Kozhikode. Three months is prayed for to trace out the file from the record room. Otherwise, the petitioner may be directed to produce the duplicate copy of the petition and all relevant records so that Special Tahsildar can dispose of the matter as directed by this Court. 3. This is an unfortunate state of affairs consequent on the abolition of the Land Tribunal, Koduvally. If as per the directions of the Government, the District Collector has been abolishing Land Tribunals one after the other for one reason or the other, he has a resultant duty to see that the files in the abolished Tribunals properly find their way to the surviving Land Tribunal to which the jurisdiction is transferred and that too after notice to the concerned parties and their advocates, if any. This is not an isolated case where the records are either missing or not traceable from Land Tribunals consequent on the W.P.(C) NO. 19145/2008 : 3: abolition of Land Tribunals. Under these circumstances, the District Collector, Kozhikode who has the primary responsibility to ensure that O.A. No. 31/1989 which was filed before the Land Tribunal, Koduvally comes up for trial before the Land Tribunal, Kozhikode, will have to find a solution for the matter. I, therefore, direct the District Collector, Kozhikode to trace out the file in O.A. No. 31/1989 originally instituted before the Land Tribunal, Koduvally and inform the matter to this Court within three months from today. This writ petition is disposed of as above. Communicate a copy of this judgment to the District Collector, Kozhikode for compliance. Dated this the 23rd day of September, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 19145/2008 : 4: