IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 24555 of 2008(W) -------------------------- AA.16/2005 of APPELLATE AUTHORITY, KANNUR O.A.NO. 3467/1976 of LAND TRIBUNAL, NILESHWAR .................... PETITIONER: --------------- K.T. BHASKARAN, S/O K.T. KALYANI AMMA, CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD TALUK. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENTS: --------------- 1. K.T. BALAGOPALAN, S/O C.K. KUNHIRAMAN, CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 2. K.T. BALAKRISHNAN, S/O C.K. KUNHIRAMAN, CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 3. K.T. SREEDHARAN, S/O C.K. KUNHIRAMAN, CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 4. K.T. PARVATHI, S/O C.K. KUNHIRAMAN CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 5. K.T. LAKSHMI, D/O.C.K. KUNHIRAMAN CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. W.P.(C) NO. 24555/2008 : 2: 6. K.T. CHIRI AMMA, W/O C.K. KUNHIRAMAN CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 7. K.T. NARAYANAN, S/O. C.K. KUNHIRAMAN CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 8. K.T. GOVINDAN, S/O C.K. KUNHIRAMAN, CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. 9. K.T. RUGMINI, D/O C.K. KUNHIRAMAN, CHEEMENI VILLAGE, HOSDURG TALUK, P.O. CHEEMENI, KASARGOD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No.24555 of 2008 ========================== Dated this the 7th day of October, 2008. JUDGMENT The revision petitioner was the applicant in O.A. No. 3467 of 1976 before the Land Tribunal, Nileshwar filed under Section 72 B of the Kerala Land Reforms Act seeking the assignment of the right, title and interest of the jenmi in respect of 2.22 acres of land comprised in R.S. No. 198/1C of Cheemeni village. The respondent shown as jenmi was one C.K. Kunhiraman husband of the 6th respondent herein and the father of respondents 1 to 5 and 7 to 9 herein. Pending the said application, the said Kunhiraman died on 20.05.1976. On 15.2.1977, the petitioner herein filed an application to implead the wife and children of the said Kunhiraman. The said application was allowed without notice to the legal representatives and as per Ext.P1 order dated 17.03.1977, the Land Tribunal allowed the O.A. On 26.03.2005, some of the legal representatives of the Kunhiraman filed Ext.P2 appeal before the Land Reforms Appellate Authority, Kannur. They also filed Ext.P3 application to condone the delay of nearly W.P.(C) No. 24555/2008 : 2: 28 years in filing the appeal. As per Ext.P5 order dated 17.06.2008, the appellate authority condoned the delay holding, iner aia, that the petitioners in the delay petition were not aware of the proceedings before the Land Tribunal since no notice had been issued to them. The said order is assailed in this writ petition. 2. The original records in O.A.No. 3467 of 1976 were summoned. A perusal of the said files will show that even though the petitioner herein had on 15.02.1977 filed an application to implead the wife and children of Kunhiraman, no notice appears to have been issued to them on the said petition. On 24.02.1977, the Land Tribunal straightaway allowed the impleading petition without ordering notice to the legal representatives. Consequently, Ext.P1 order was passed on 17.03.1977 allowing O.A as against the legal representatives also to whom no notice had been issued. If so, the Land Reforms Appellate Authority was perfectly justified in holding that the applicants in the delay petition who had no notice of the proceedings, were justified in filing the appeal on coming to know W.P.(C) No. 24555/2008 : 3: of the order passed by the Land Tribunal. The appeal has been rightly taken on file before the Appellate Authority. I see no ground to interfere with the Ext.P5 order. This writ petition is accordingly dismissed. Dated this the 7th day of October, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 24555/2008 : 4: