IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 29701 of 2010(K) --------------------------------------- [SM.NO.114/2005 OF LAND TRIBUNAL, MANJERI] .................... PETITIONER: ------------------- THAMARATH MOHAMAD @ BAPPUTTY HAJI, S/O.THAMARATH SAIDALI HAJI, KARIAVATTOM AMSOM AND DESOM, PERINTHALMANNA. BY ADVS. SRI.P.VISWANATHAN, SMT.M.SHAJNA, SRI.K.M.FIROZ. RESPONDENTS: ------------------------ 1. KUNJATHUTTY @ IMMU, S/O.VYSIAR MOIDEENKUTTY HAJI, P.O.MANNARMALA, PERINTHALMANNA – 679 325. 2. VYSIAR AMINA, D/O.VYSIAR HAMSA HAJI, P.O.MANNARMALA, PERINTHALMANNA – 679 325. 3. ALI, KARIVATTOM VILLAGE, P.O.MANNARMALA, PERINTHALMANNA – 679 325. 4. VYSIAR MUHAMMED, S/O.KUTTIALI ALIAS BAPPU HAJI, P.O.MANNARMALA, PERINTHALMANNA – 679 325. 5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 6. THE LAND TRIBUNAL, OFFICE OF THE LAND TRIBUNAL, (OFFICE OF SPECIAL TAHSILDAR L.R.) MANJERI – 676 121. R5 & R6 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 29701 of 2010 K ``````````````````````````````````````````````````````` Dated this the 14th day of October, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P1 order passed by the Land Tribunal. 2. Admittedly, Kerala Land Reforms Act itself provides for an appellate remedy against an order in the nature of Ext.P1. However, it is contended that Ext.P1 order cannot be treated as one passed under Section 72(5) of the Kerala Land Reforms Act and, therefore, appellate remedy is not available. Although the learned counsel for the petitioner made all endevours to show that the appeal is not maintainable, still I am not in a position to accept the said contention. Therefore, the writ petition is only to be dismissed and I do so. 3. Learned counsel then pleaded that having regard to the fact that the writ petition was pending before this Court till now, and as the appeal period prescribed has expired in the meanwhile, petitioner may be permitted to file an appeal. WPC.29701/10 : 2 : 4. This writ petition filed before this Court on 23-12- 2009 and was pending till date. Therefore, it is only appropriate that the petitioner should be permitted to file an appeal. Accordingly, it is directed that if an appeal against Ext.P1 is filed within three weeks from today, that will be entertained and disposed of by the appellate authority, in accordance with law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge