IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 32932 of 2009(J) -------------------------- PETITIONER: --------------- ALI, S/O. THORAKKATTIL ABDU HAJI, ALANELLUR, KARKITAKAMKUNNU P.O., PERINTHALMANNA. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: --------------- 1. THE LAND TRIBUNAL, OTTAPPALAM. 2. THE APPELLATE AUTHORITY (LR), THRISSUR. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ( 4. KUNNATHUR RAMAN NAIR, KOTTOPADAM P.O., SREEKRISHNAPURAM, OTTAPPALAM. ) Died 5. HYRDRU, S/O. KATTUKANDAN, KUNHAMED HAJI, KOTTAPPURAM P.O., (VIA)SREEKRISHNAPURAM, OTTAPPALAM TALUK. SUPPLEMENTAL R6 IMPLEADED. SUPPLEMENTAL R6:- NARAYANANKUTTY, SON OF LATE RAMAN NAIR, KUNNATHUR HOUSE, KOTTOPPADAM.P.O., KULUKKLIYAD, SREEKRISHNAPURAM, OTTAPPALAM, PALAKKAD DISTRICT IS IMPLEADED AS PER ORDER DTD.20/1/2010 IN I.A.No.598/10. GOVERNMENT PLEADER SHRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32932 of 2009(J) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Sale deed No.4414/93 dated 11/10/1993 of S.R.O., Mannarkkard. EXHIBIT P2 : Order dated 29/10/1997 passed by the 1st respondent in S.M.No. 506/93 on the file of the Land Tribunal, Ottappalam. EXHIBIT P3 : Order dated 7/12/2007 in A.A.No.1 of 1998 passed by the 2nd respondent. EXHIBIT P4 : Application filed by the petitioner before the Land Tribunal, Ottappalam under Sec.106 B. EXHIBIT P5 : Basic Tax Receipt No.17 dtd.9/11/1993 obtained from the Karimpuzha Village Office. EXHIBIT P5(a): Basic Tax receipt No.100 dtd.24/12/1994 obtained from the Karimpuzha Village Office. EXHIBIT P5(b): Basic Tax receipt No.28 dtd.25/11/1995 obtained from the Karimpuzha Village Office. EXHIBIT P5(c): Basic Tax receipt No.13 dtd.24/3/1997 obtained from the Karimpuzha Village Office. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.32932 of 2009 ------------------------------------------------ Dated this the 16th day of March, 2010 JUDGMENT The petitioner is in possession and enjoyment of the 11 Acres and 90 ¾ cents of land in Sy.No.158/2A1, 2A2 & 2B of Karimpuzha Village, Kulukiliyad Desom. There was an application for assignment which was dismissed by Land Tribunal and later the petitioner challenged the same in an appeal and the appellate authority remanded the matter as per Ext.P3 herein. The petitioner was allowed to take the contentions under the Kerala Land Reforms (Amendment) Act, 2005, Vide Section 7E. Thereafter the petitioner filed an application as per Ext.P4 before the Land Tribunal. The same is dated 28/3/2007. Aggrieved by the delay in the disposal of the same, this writ petition has been filed. 2. Heard the learned Government Pleader appearing for the respondents. It is pointed out, even though Act was amended no rules have been framed so far. But the same will not stand in the way of the Land Tribunal taking a final decision. In the light of the remand order passed by the Appellate Authority, Land Tribunal will have to consider the matter and pass W.P.(C)No.32932 of 2009 2 appropriate orders. The Land Tribunal will pass final orders after hearing parties within a period of six months from the date of production of a copy of this judgment. With regard to the framing of the Rules, it is upto the State Government to consider the matter as enjoined by law. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj