IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 2981 of 2011(O) ------------------------------------- [AA.NO.53/2003 OF APPELLATE AUTHORITY (LAND REFORMS), ALAPPUZHA] .................... PETITIONER: ------------------- RAJASEKHARAN NAIR,S/O.N.NARAYANA PILLAI, AGED 75,VAYALIL VEEDU,(MALA VEDU),KRISHNAVILASAM ROAD,JAGATHI,THEYCAUD P.O, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP. RESPONDENT: ---------------------- AMMALU AMMA SWARNAMMA, TC NO.16/246, VAYALIL VEEDU,KRISHNAVILASOM ROAD,JAGATHI, THUCAUD P.O, THIRUVANANTHAPURAM - 695 005. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.2981/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE APPEAL DATED 1/7/2000 FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY (LAND REFORMS) ALAPPUZHA. EXHIBIT P2: TRUE COPY OF THE PETITION DATED 21/12/2009 FILED BY THE PETITIONER FOR RESTORATION OF EXT.P1 APPEAL. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2981 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT In view of letter No.C-701/2011 dated 14.10.2011 of the Appellate Authority (Land Reforms), Alappuzha (in charge) which did not come to my notice earlier, the order dated 19.10.2011 is recalled. 2. Petitioner is the appellant in A.A.No.53 of 2003 of the Appellate Authority (LR), Alappuzha. The grievance of petitioner is that the application (Ext.P2 – I.A.No.112 of 2009) filed for readmission of the appeal (A.A.No.53 of 2003) which was dismissed for default has not so far been taken up. Hence it is prayed that a direction may be issued to the Appellate Authority to consider Ext.P2, application within a time frame to be fixed by this Court and dispose of the appeal thereafter on merit if Ext.P2, application stands allowed. 3. It is seen from the records that reports were obtained from the Appellate Authority. At one stage the Appellate Authority reported that Ext.P2, application has already been disposed of. But, that report is seen to be a mistake in view of letter No.C-701/2011 dated 14.10.2011 referred above. In that letter, the Appellate Authority(LR) (in charge) has reported that Ext.P2, application has not so far been disposed of and now stands posted on 26.12.2011 for hearing. 4. Since Ext.P2, application has not so far been disposed of in spite of OP(C)No.2981/2011 2 the fact that it was filed as early as on 22.12.2009 it is necessary that the said application is to be disposed of as provided under law as early as possible. I make it clear that I have not indicated how the application is to be disposed of. Resultantly this Original Petition is disposed of directing the Appellate Authority (LR), Alappuzha to dispose of Ext.P2, application (I.A.No.112 of 2009) in A.A.No.53 of 2003 as early as possible having regard to the fact that the said application was filed almost two years back. THOMAS P.JOSEPH, Judge. cks