IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 5164 of 2010(U) ------------------------------------- PETITIONER: ------------------- M.K.UNNI NAIR ALIAS VALIYA NAIR, 95 YEARS, CHENGATTUR AYYAPPA DEVASWAM, EDATHARA, PALAKKAD, REP. BY HIS POWER OF ATTORNEY A.V.HYDER ALI, S/O. ALI AHAMMED, AMBALATH VEETTIL HOUSE, ANGADI AMSOM AND DESOM, OTTAPPALAM TALUK, PALAKKAD. BY ADVS. MR.H.BADARUDDIN, SMT.B.SHAMEERA. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. SATHYAPAL, S/O. KESAVAN NAIR, MANI NIVAS, CHAKKANTHARA, KOPPAM AMSOM, PALAKKAD. 3. MEENAKUMARI, D/O. KESAVAN NAIR, MANI NIVAS, CHAKKANTHARA, KOPPAM AMSOM PALAKKAD. 4. R. GOPALAKRISHNAN, S/O. RAMAN, AYANIKKAL VEEDU, ODUVANGODE, MUNDUR POST, PALAKKAD. 5. KESAVAN NAIR, S/O. MEENAKSHI AMMA, MANI NIVAS, CHAKKANTHARA, KOPPAM AMSOM, PALAKKAD. 6. PALASSERIVEETTIL GOKULAKUMARI, W/O. VELAYUDHAN, EDATHARA, PARALI, PALAKKAD. 7. O.R. KASUMANI, S/O. RAMAN, AYANIKKAL VEEDU, ODUVANGODE, MUNDUR POST, PALAKKAD. W.P.(C). NO.5164/2010-U: * 8. LAND TRIBUNAL III, OTTAPALAM, PALAKKAD DISTRICT. *(CORRECTED). *THE ADDRESS OF THE 8TH RESPONDENT IS CORRECTED AS; `THE DEPUTY COLLECTOR (LR), COLLECTORATE, PALAKKAD, (FOR THE CASES DEALT WITH THE LAND TRIBUNAL NO.III, OTTAPPALAM, PALAKKAD), P.O. CIVIL STATION, PALAKKAD'. *VIDE ORDER DATED 04/03/2010 IN I.A. NO. 3124/2010. 9. GREEN ACRES GARDEN REPRESENTED BY ITS MANAGING PARTNER GEORGE MATHAI, S/O. K.V. MATHAI, KERIKATUVEETIL, ERACHAKULAM VADAKANCHERY AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. R1 & R8 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5164 OF 2010 --------------------------------------- Dated this the 4th day of March, 2010. J U D G M E N T The petitioner herein is the Managing Trustee of Chengattur Ayyappa Devaswam at Edathara, Palakkad and Valiya Nair and Kaimal of the family of the hereditary trustee. The main prayer in the writ petition is for a direction to the 8th respondent Land Tribunal, Ottappalam, Palakkad to implement Exhibits P1, P2, P3, P4 and P5 orders of the Appellate Authority, Land Reforms, Thrissur within a time frame. 2. By the above orders, the Appellate Authority has remanded the matter for fresh consideration by the Land Tribunal. It has been held by the Appellate Authority that the certificate of purchases obtained by the respondents 1 to 7 and 9 are vitiated by fraud and illegality and all the suo moto proceedings have been quashed also. There was a further direction by the Appellate Authority to issue notice to the parties and take a fresh decision in the matter after allowing all the W.P.(C) No.5164/2010 2 parties to adduce evidence. 3. Learned Government Pleader on instructions submitted that the Deputy Collector (LR), Collectorate, Palakkad is the authority now entrusted with the work of Land Tribunal, Ottappalam, Palakkad namely, 8th respondent. Therefore, there will be a direction to the Deputy Collector (LR), Collectorate, Palakkad to take appropriate action to dispose of the matter within a period of eight months, after hearing all the parties. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance before the said authority. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp