IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 2196 of 2009(J) ------------------------- PETITIONER: --------------- M.N. SELVAN, S/O. CHAMI, RESIDING AT M.N. HOUSE, P.O. CIVIL STATION, THAZHETHERU, KANNUR. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: --------------- 1. PUSHPALATHA, W/O. K.R. MOHANAN, RESIDING AT THAKARAPPARAMBA, ANAKKULAM, KOZHIKODE. 2. SMITHA MOHANAN, D/O.K.R. MOHANAN, RESIDING AT THAKARAPPARAMBA, ANAKKULAM, KOZHIKODE. 3. SWAPNA MOHANAN, D/O.K.R. MOHANAN, RESIDING AT THAKARAPPARAMBA, ANAKKULAM, KOZHIKODE. 4. SUMESH MOHANAN, S/O. K.R. MOHANAN, RESIDING AT THAKARAPPARAMBA, ANAKKULAM, KOZHIKODE. 5. K.P. RAJAN, S/O. PONNU CHETTIYAR, RESIDING AT KACHERIPARAMBIL HOUSE, P.O. PAROLE, THALASSERY 6. THE APPELLATE AUTHORITY (LR), KANNUR. 7. M.N. GOPALAN, S/O. CHAMI, RESIDING AT M.N HOUSE, P.O. CIVIL STATION, THAZETHERU, KANNUR. 8. M.N. RAJALAKSHMI, D/O. CHAMI, RESIDING AT THALLI HOUSE, S.N. COLLEGE ROAD, THAZECHOWA, KANNUR. WP(C).No. 2196 of 2009(J) 9. M.N. KAMALA, D/O. CHAMI, RESIDING AT KUNNATHUTHAZHE VAYAL HOUSE, P.O. NADAKKAVU, KOZHIKODE. 10. M.N. BALAKRISHNAN, S/O. CHAMI, RESIDING AT MAHESH NIVAS, PADANNAPPALAM, CHALAD, KANNUR. 11. M.N. RAJAN, S/O. CHAMI, RESIDING AT M.N. HOUSE, P.O. CIVIL STATION, THAZETHERU, KANNR. 12. M.N. SREERAMAN, S/O. CHAMI, RESIDING AT M.N. HOUSE, P.O. CIVIL STATION, THAZETHERU, KANNR. 13. M.N. BABU, S/O. CHAMI, RESIDING AT M.N. HOUSE, P.O. CIVIL STATION, THAZETHERU, KANNR. 14. M.N. RADHAKRISHNAN, S/O CHAMI, RESIDING AT M.N. HOUSE, P.O. CIVIL STATION, THAZETHERU, KANNR. 15. M.N. LALITHA, D/O. CHAMI, RESIDING AT KIZHAKKEDATH HOUSE, KAKKODI, KOZHIKODE. 16. M.N. SANTHA, D/O. CHAMI, RESIDING AT PUSHPALAYAM, MULLATHUKANDI PARAMBA, P.O. KALLAI, PANNIYANKARA, KOZHIKODE. GOVERNMENT PLEADER SHRI.P.NARAYANAN ADV. SRI.K.SANEESH KUMAR FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2196 of 2009(J) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : APPEAL MEMORANDUM AS A.A.No.86/2003 BEFORE THE LAND TRIBUNAL APPELLATE AUTHORITY (LR) KANNUR. EXHIBIT P2 : AFFIDAVIT FILED IN SUPPORT OF THE RESTORATION PETITION. EXHIBIT P3 : COUNTER STATEMENT FILED BY RESPONDENTS 1 TO 4. EXHIBIT P4 : ORDER DATED 7/11/2008 RESPONDENTS' EXHIBITS: Nil. True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2196 of 2009 ------------------------------------------------ Dated this the 19th day of February, 2010 JUDGMENT The petitioner is the 8th appellant in A.A.No.86 of 2003 on the file of the Appellate Authority (Land Reforms), Kannur. Ext.P1 is the copy of the appeal. The appeal happened to be dismissed for default on 11/9/2007. 2. The application for restoration was dismissed by the appellate authority as per Ext.P4. Ext.P2 is the copy of the affidavit submitted by the petitioner to restore the appeal. Ext.P3 is the counter statement filed by the contesting respondent in the matter. 3. The application stands rejected by Ext.P4 by the Appellate Authority, stating that there was continuous absence on the part of Advocate and therefore reasons mentioned in the restoration petition are not satisfactory. In Ext.P2 application for restoration what is averred is that the posting date in the Camp Sitting was wrongly noted by the counsel for the appellant and therefore he could not be present on that date. It is not a case where the petitioner was expected to be present on the date when the appeal was posted for hearing. The application cannot W.P.(C)No.2196 of 2009 2 be said to be wanting on bona fides in these circumstances. The appeal has not been disposed of on merits and parties cannot be denied a decision on merits. Ext.P4 order is therefore quashed. The appeal Ext.P1 is restored to file. 4. There will be a direction to the 6th respondent to dispose of Ext.P1 Appeal on merits after hearing all parties within a period of six months from the date of receipt of a copy of this judgment. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj