IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 37307 of 2009(O) -------------------------- OA.4662/1976 of LAND TRIBUNAL, ERNAKULAM AT THRIPUNITHURA. .................... PETITIONER: --------------- N.P.SUNNY, S/O.LATE LONAN, AGED 62 YEARS, MANAYATHUPARAMBU HOUSE, PALARIVATTOM, EDAPPALLY SOUTH, ERNAKULAM. BY ADV. MR.GIGIMON ISSAC MR.BABY THOMAS RESPONDENTS: --------------- 1. N.J.JOY, S/O.THOMMI JOSEPH, KALAVATH HOUSE, NEDIYATHARA, PALARIVATTOM, EDAPPALLY SOUTH, ERNAKULAM. *2. THE SECRETARY, LAND TRIBUNAL, THRIPUNITHURA. *ADDL.R2 IS IMPLEADED AS PER ORDER DATED 15.1.2010 IN I.A.NO.366/10 IN W.P.(C).NO.37307/2009. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37307 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: ORDER IN O.A.NO.154/75 DTD. 3.9.1975. EXT.P2: ORDER IN L.R.A.S.NO.171/79 DTD.15.3.1984. EXT.P3: ORDER IN C.R.P.NO.2067/85 DTD.11.11.1988. EXT.P4: ORDER IN O.A.NO.4662/76 DTD.30.04.1985. EXT.P5: ORDER IN L.R.A.S.NO.125/1985 DTD. 11.01.1991. EXT.P6: ORDER IN O.A.NO.38/1985 DTD.30.04.2005. EXT.P7: PETITION FILED BY THE PETITIONER BEFORE TRIBUNAL ON12.5.2005. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.37307 Of 2009 ---------------------- Dated this the 1st day of October, 2010. J U D G M E N T Petitioner herein is the applicant in O.A.No.4662 of 1976. He is the respondent in O.A.No.129 of 2005. Both are pending before the Land Tribunal, Thripunithura. The petitioner filed O.A.No.4662 of 1976 for purchase of kudikidappu. By order dated 30.4.1985 the Land Tribunal passed a preliminary order followed by Ext.P4 final order. In Ext.P4 the purchase price payable is finalised and it was further ordered that on the applicant remitting the first instalment, a certificate of purchase will be issued to him. Ext.P4 was challenged in L.R.A.S.No.125 of 1985 by the respondent in the O.A. The Appellate Authority directed the Land Tribunal to keep O.A.No.4662 of 1976 in abeyance till the disposal of O.A.No.38 of 1985 filed by the respondent for shifting kudikidappu. Order passed by the Appellate Authority is produced as Ext.P5. Subsequently, O.A.No.38 of 1985 was dismissed for default. Ext.P6 is the order of dismissal of the O.A.No.38 of 1985. The petitioner's grievance W.P.(C).No.37307 Of 2009 ::2:: is that even after dismissal of O.A.No.38 of 1985 filed by the respondent, the Land Tribunal is not proceeding further and issuing purchase certificate in O.A.No.4662 of 1976. 2. The learned counsel for the petitioner submitted that the same respondent filed another O.A.NO.129 of 2005 for the same relief for which O.A.No.38 of 1985 was filed. Subsequent O.A is not maintainable as it is hit by the principle of res judicata. It is submitted that though a detailed counter affidavit has been filed seeking for dismissal of O.A.NO.129 of 2005, the Tribunal has not passed any orders finally disposing of the O.A. In 2005 the petitioner again filed Ext.P7 petition requesting the Land Tribunal to issue the purchase certificate. The said application is still pending. 3. The prayer in the writ petition is for a direction to the Land Tribunal hear and dispose of Ext.P7 application. In the circumstances, there will be a direction to the Land Tribunal, Thripunithura to finalise the proceedings in O.A.No.4662 of 1976 by disposing of Ext.P7 application. The Land Tribunal also shall dispose of the O.A.No.129 of 2005 which was filed by the W.P.(C).No.37307 Of 2009 ::3:: respondent subsequent to the dismissal of O.A.No.38 of 1985. The Land Tribunal shall dispose of the said O.As within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-