IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 5207 of 2010(A) ------------------------- PETITIONERS: --------------- 1. CHANDRAVATHI, W/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 2. SUNITHRA, D/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 3. SUNANDA, D/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 4. SHIVANANDA, S/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 5. RAVIPRAKASHA, S/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 6. SUMATHI, D/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 7. MANODATH, S/O.LATE ANANTHA ACHARYA, MOODAMVAIL P.O., KASARAGOD DISTRICT. 8. THARANATHA ACHARYA, S/O.NEELAYYA, NEAR KALIKAMBA TEMPLE, MADHUR P.O., KASARAGOD DISTRICT. 9. SANTHA KUMAR (MINOR, AGED 10 YEARS), REP. BY HIS MOTHER 8TH PETITIONER, THARANATH ACHARYA. 10. PRATHISH KUMAR (MINOR,AGED 6 YEARS), REP. BY HIS MOTHER 8TH PETITIONER, THARANATH ACHARYA. BY ADV. SRI.P.I.DAVIS WP(C).No. 5207 of 2010(A) RESPONDENTS: --------------- 1. THE COMMISSIONER, LAND BOARD, OFFICE OF THE LAND BOARD, THIRUVANANTHAPURAM. 2. THE APPELLATE AUTHORITY(LR), KANNUR. 3. ASMATH, W/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 4. MOHAMMED HANEEFA, S/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 5. MOHAMMED ASLAM, S/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 6. SMT.FIRDOS, D/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 7. MOHAMMED AFSAL, S/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 8. MOHAMMED NIZAM, S/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 9. MOHAMMED SAFEA, S/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 10. MOHAMMED JAVID, S/O.LATE ABDUL AZEEZ, BAPPAITHOTTI HOUSE,UPPALA P.O.,KASARAGOD DISTRICT. 11. GULAM MUHAMMED, S/O.MOHAMMED SHERIF, SHERIF MAISTRY, 156-158, IBRAHIM RAHMATHULLA ROAD, IIND FLOOR, ROOM NO.11, MUMBAI-400 003. GOVERNMENT PLEADER SHRI.M.A.AZIF ADV. SMT.PRABHA R.MENON FOR R3TO10 SRI.M.KRISHNAKUMAR FOR R3TO10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5207 of 2010(A) APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1: Order dtd.8/4/2009 in I.A.No.34/1997 in S.M.80/1982 on the file of the Land Tribunal, Kasaragod. EXHIBIT P2: Order dtd.21/8/2009 in I.A.No.178/2009 in I.A.No.114/2009 in A.A.28/2009 issued by the 2nd respondent. EXHIBIT P3: Order dtd.10/9/2009 in I.A.No.192/2009 in A.A.28/2009 issued by the 2nd respondent. EXHIBIT P4: Order sheet in A.A.28/2009 EXHIBIT P5: Transfer application submitted by the petitioners before the 1st respondent. EXHIBIT P6: Letter dtd.2/2/2010 issued by the Secretary of the Land Board. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5207 of 2010 ------------------------------------------------ Dated this the 18th day of March, 2010 JUDGMENT The petitioner is an applicant before the Land Board, seeking for transfer of A.A.No.28/2009 pending before the Appellate Authority, Kannur. This Court passed an interim order on 17/2/2010 staying the proceedings before the Appellate Authority and with a further direction to the Land Board to dispose of Ext.P5. 2. The learned counsel for the respondents 3 to 10 opposed the continuance of the order of stay by pointing out the petitioners were building tenants under them and already they have been evicted and respondents 3 to 10 are in possession of the property. It is pointed out that the appellate authority has already heard the matter and it is on the verge of passing the order, this writ petition has been filed. 3. The learned counsel for the petitioner submitted that the Land Board has posted the transfer petition for hearing on 23/3/2010. Therefore it is upto the Land Board to pass an order with regard to the Transfer petition in accordance with law. The interim order will be there upto 23rd March, 2010. The Land W.P.(C)No.5207 of 2010 2 Board will pass appropriate orders in the application for Transfer. If no final hearing could be conducted for any reason, parties will be heard on the interim application. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj