IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 CRP.No. 491 of 2006() --------------------- AA.49/2005 of APPELLATE AUTHORITY (LR), KANNUR .................... REVN. PETITIONER: --------------------- KUMARI VARMA, ALAKODE AMSOM, ARANGOM DESOM, TALIPARAMBA TALUK, (LEGAL HEIR OF P.R.RAMAVARMA RAJA). BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. T.G.GOPI, THANAKANANPARAMBIL HOUSE, ALAKODE AMSOM, ARANGAM DESOM, TALIPARAMBU TALUK. 2. S.P.K.THAMPAN KAIMAL, PAYYANNUR. (DIED) 3. STATE OF KERALA, REP. BY CHIEF SECRETARY, THIRUVANANTHAPURAM. ADDL. 4. S.P.K.SASIDHRAN THAMPAN, S/O.PARAMSWARAN THIRUMUMPU, ASHTAMACHAL, PUTHIYADAM, PAYYANNUR P.O. (ADDL.R4 IS IMPLEADED AS LEGAL HEIR OF THE DECEASED 2ND RESPONDENT AS PER ORDER IN I.A.3038/06 DTD. 1/7/08) R1 BY ADV. SRI.V.C.JAMES R3 BY GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA.NO.1417/2008 IN CRP.NO.491/2006 ----------------- Dismissed 4/2/2009 Sd/- HARUN-UL-RASHID, JUDGE HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.491 OF 2006 ---------------------------- DATED THIS THE 4TH FEBRUARY, 2009 O R D E R Revision Petitioner is the applicant in S.M.No.40/87 on the file of the Land Tribunal, Taliparamba. In the suo motu proceedings initiated under Section 72 of the Kerala Land Reforms Act, after considering the documents produced by the applicant and the report of the Authorised Officer, the Land Tribunal passed the order permitting the applicant to purchase jenm right in respect of 3.16 acres of land in R.S.No.23/1 of Alakkode Village. By the said order the Land Tribunal fixed the purchase price and fair rent, which were paid by the petitioner. The order was passed by the Land Tribunal on 30/3/1987 in favour of the petitioner's predecessor late P.R. Rama Varma Raja. In 2005 one Sri T.G. Gopi, the lst respondent herein, filed an appeal claiming tenancy right over the very same property before the Appellate Authority (LR) Kanur. The appeal was filed after 18 years of the order -2- CRP.No.491/2006 passed by the Land Tribunal on 30/3/1987. The Land Tribunal did not mention anything about the delay in filing the appeal. 2. The learned counsel for the petitioner submitted that no order is passed condoning the delay. The delay of 18 years in filing the appeal in the ordinary course of events, is not liable to be condoned for the reason that it will upset the finality of the orders passed in the regular course. Unless the delay is satisfactorily explained for not approaching the court at the right time, the delay cannot be condoned. In this case it can be seen that the appellant who claims tenancy right, has not chosen to file an application for purchase of jenm right, though such right is conferred in the year 1970. I think that is an important thing to be taken note of while considering the bona fides of the claim set up at a very belated stage. 3. The learned counsel appearing for the respondent has seriously contested the revision. The learned counsel submitted that on merits he has genuine grievance. Therefore, -3- CRP.No.491/2006 the delay is liable to be condoned. The learned counsel also submitted that the Appellate Authority in its discretion condoned the delay and entertained the appeal, which cannot be disputed in revision. 3. The Appellate Authority allowed the appeal filed by the third party after 18 years and set aside the order passed by the Land Tribunal, that too without condoning the delay. The procedure adopted and the order passed by the Appellate Authority are illegal and without jurisdiction. Therefore, the impugned order is set aside and the order passed by the Tribunal in S.M.No.40/87 is restored. C.R.P. is allowed. No order as to costs. HARUN-UL-RASHID, Judge. kcv. -4- CRP.No.491/2006