IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 OP(C).No. 126 of 2011(O) ------------------------ AA.3/1994 of APPELLATE AUTHORITY (LR) THRISSUR S.M.P.NO.61/1991 OF LAND TRIBUNAL, ERNAKULAM .................... PETITIONER(S): -------------------- INDIRA MENON, W/O.LATE PADMANABHA MENON RESIDING AT A.M.C.NO.14/755, KOTTERAPATTU VEEDU, ALUVA P.O. BY ADV. SRI.S.VINOD BHAT SRI LEGITH T. KOTTAKKAL RESPONDENT(S): --------------- 1. CHANDRASEKHARAN PILLAI @ THAMBI, S/O.KARUNAKARA PILLAI, KOTTERAPATTU VEEDU, 14/754, RAILWAY STATION ROAD, ALUVA-683101. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.WILSON URMESE FOR R1 SRI.K.T.POULOSE FOR R1 GOVT. PLEADER SHRI T.K.SAJEEV FOR R2 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.126/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ORDER DATED 12.10.1999 N AA NO.3/1994 ON THE FILE OF APPELLATE AUTHORITY (LR), THRISSUR //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.126 of 2011 -------------------------------------- Dated this the 27th day of September, 2011. JUDGMENT This petition is for a direction for early disposal of S.M.P.No.61 of 1991 pending in the Land Tribunal, Ernakulam. According to the petitioner, the father of herself,1st respondent and others, the late Karunakara Pillai was a cultivating tenant in respect of 14.250 cent. After the death of Karunakara Pillai the 1st respondent, representing himself as sole legal heir of the late Karunakara Pillai obtained purchase certificate from the Land Tribunal in S.M.P.No.61 of 1991. Learning about that petitioner filed A.A.No.3 of 1994 before the Appellate Authority (LR), Thrissur. The appeal was allowed and the matter was remitted to the Land Tribunal for fresh disposal in the year, 1999. Grievance of petitioner is that the proceeding is still pending in the Land Tribunal though the Appellate Authority remanded the case in the year, 1999. Learned counsel seeks a direction for early disposal of S.M.P.No.61 of 1991. It is also prayed that the interim order passed by this Court restraining 1st respondent from alienating, transferring or committing waste in the property may be extended until disposal of S.M.P.No.61 of 1991. 2. Learned counsel for 1st respondent has no objection in directing the Land Tribunal to dispose of the proceeding as early as possible but, resisted the request for extension of the order of injunction pointing out that there is no such prayer in the Original Petition. OP(C)No.126/2011 2 3. Though in the Original Petition there is no prayer for interim injunction, petitioner has filed I.A.No.750 of 2011 for an order of temporary injunction on which this Court passed an order restraining the 1st respondent from alienating, transferring or committing waste in the property and that order is in force since 08.02.2011 onwards. Having regard to the circumstances stated before me I am inclined to issue the following directions: i. The Land Tribunal, Ernakulam is directed to dispose of S.M.P.No.61 of 1991 after completing the preliminary steps if any and as provided under law as early as possible. ii. It is directed that the interim order of injunction issued against 1st respondent will remain in force for a period of one month from this day. I.A.Nos.750 & 15326 of 2011 are disposed of vide judgment. THOMAS P.JOSEPH, Judge. cks