IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 20768 of 2008(V) -------------------------- OA.834/1999 of LAND TRIBUNAL, KOZHIKODE .................... PETITIONER(S): ------------------------- SUHRABI, AGED 39 YEARS, W/O.V.HASSAN, THAZHANCHERRY, AKKARATHODATHU, CHELEMBRA AMSOM AND DESOM, P.O.KOLAKKATTUCHALAIL, MALAPPURAM DISTRICT, REP. BY HER P/A HOLDER THAZHANCHERI VEERAN MOIDEEN, AGED 58, THAZHANCHERRY, CHELEMBRA, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------------------- 1. `THE LAND TRIBUNAL, KOZHIKODE. 2. CHANDRIKA, W/O.LATE CHELEKKADAN PERACHAKUTTY, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT. 3. MANOJ, S/O.LATE CHELEKKADAN PERACHAKUTTY CAHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. WP(C).No. 20768 of 2008 :: 2 :: 4. DINESH, S/O.LATE CHELEKKADAN PERACHAKUTY CAHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 5. MADAHAVI, W/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT. 6. RAJESH, S/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT. 7. SWAPNA, D/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT. 8. DASINA, D/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT. 9. SONA, D/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT. R1 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.20768 of 2008 ------------------------- Dated this the 15th day of October, 2008. JUDGMENT The petitioners are the respondents in O.A.No.834/99 pending before the Land Tribunal, Kozhikode. The application was filed by the predecessor-in-interest of the 2nd respondent for purchase of Karaima right in respect of a portion of the land, the larger extent of which belongs to the petitioner, it is claimed. Apparently, the application was originally allowed. But, on appeal, it was remanded back to the Land Tribunal as per Ext.P2 order. The direction to the Land Tribunal by the appellate authority was one for fresh disposal. The petitioner is aggrieved by the delay in disposal of the proceedings before the Land Tribunal, after remand. Hence this writ petition. 2. It seems that the delay in disposal of the original application was due to the missing of records. In these circumstances, W.P.(C).NO.20768/08 :: 2 :: the Land Tribunal informed the matter to the applicant and hence this writ petition was filed by the applicant. I am satisfied with the explanation offered by the Land Tribunal. In paragraph 6 of the affidavit, it is stated as follows: “In such circumstances, I express my willingness to do legally acceptable ways in order to redress the grievance of the petitioner. The Hon'ble Court may be pleased to give directions in this matter.” 3. I heard learned counsel for the petitioner Mr.Jacob Abraham and the learned Government Pleader. In these circumstances, the only option which is available is reconstruction of the files. Accordingly, the Land Tribunal shall proceed to reconstruct the records in O.A.No.834/99, with the help of the parties to the proceedings. It is made clear that on a requisition made in this regard, the parties shall produce such records as are available W.P.(C).NO.20768/08 :: 3 :: with them. The process as outlined above shall be completed within a period of three months from the date of receipt of a copy of this judgment, and thereafter the Land Tribunal shall proceed to dispose of the original application within six months thereafter. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge