IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 OP(C).No. 3266 of 2011(C) ---------------------------------- SM.22/2007 of LAND TRIBUNAL, TRIVANDRUM .................... PETITIONER(S): ------------------------ P.KRISHNA MOORTHY, S/O.LATE NARAYANAN NAIR, AGED 71 YEARS, TC NO.17/1643-1,KATTU ROAD, THIRUVANANTHAPURAM. BY ADVS SRI.R.S.KALKURA SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SRI.V.VINAY MENON RESPONDENT(S): ------------------------- KRISHNAMMA P, TC.17/992, ANCHUMURI,POOJAPPURA, THIRUVANANTHAPURAM-695 012. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS OP(C).No. 3266 of 2011(C) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1- A TRUE COPY OF THE ORDER DATED 14/1/2010 IN RCR NO.263/2009 OF THIS COURT. EXHIBIT P1- A TRUE COPY OF THE APPLICATION FOR ISSUE OF A COMMISSION IN SM 22/2007 DATED 16/5/2009. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3266 of 2011 -------------------------------------- Dated this the 12th day of October, 2011. JUDGMENT It is stated, the mother of petitioner purchased 76 cents of land and constructed a line building thereon. Portions of the building were allegedly rented out to tenants. Petitioner claims title and possession of the said property as per a settlement deed executed by his parents. He filed petitions under Act 2 of 1965 for eviction of the tenants. Ultimately he succeeded in getting orders for eviction. So far as respondent is concerned, the order passed by this Court in Rent Control Revision stated that eviction will be subject to the result of the proceeding pending in the Land Tribunal at the instance of the respondent. The Land Tribunal had allowed the S.M. Proceedings holding that respondent is a cultivating tenant entitled to fixity of tenure. Petitioner filed appeal before the Appellate Authority and that appeal was allowed. Respondent challenged that order in C.R.P.No.2328 of 2001. This Court allowed the civil revision on 29.08.2006 and remitted the matter to the Land Tribunal for fresh decision. The Land Tribunal renumbered the S.M. Proceedings as S.M.No.22 of 2007. Grievance of petitioner is that though the proceedings before the Land Tribunal was initiated much before 2007 it is still pending. Hence it is prayed that a OP(C)No.3266/2011 2 direction may be issued to the Land Tribunal to pass appropriate orders on Ext.P2, application for commission and complete the proceedings in S.M.No.22 of 2007 within a period to be stipulated by this Court. 2. Learned counsel submitted that this Court in the order in the Rent Control Revision has held that eviction will be subject to the finding which the Land Tribunal is to enter in the S.M. Proceedings. Hence it is necessary that the Land Tribunal disposed of the proceedings at the earliest. 3. Having regard to the circumstances stated, it is necessary that the S.M. Proceedings are disposed of without delay. Resultantly this Original Petition is disposed of directing the Land Tribunal, Thiruvananthapuram to expedite the proceedings in S.M.No.22 of 2007 and dispose of the said proceeding and the applications pending therein as early as possible. THOMAS P.JOSEPH, Judge. cks