IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 23227 of 2009(O) --------------------------------------- PETITIONER: ------------------- MANUEL, @ MANUEL XAVIER, S/O.OUSEPH, AGED 80, KALAPPURACKAL HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. DR.V.N.SANKARJEE. RESPONDENTS: ------------------------ 1. C.U.RAJAN, S/O.P.R.UNNIKKUTTY, AVINISSERY HOUSE, AVINISSERI P.O., THRISSUR DISTRICT. 2. C.U.MOHANAN, S/O.P.R.UNNIKKUTTY, VALAPPIL HOUSE, PINARMUNDAM, PERINGALA.P.O., NEAR KARIMUGAL, ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.23227 OF 2009 -------------------------- Dated this the 15th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or any other appropriate writ or order directing the Land Tribunal, Ernakulam to dispose of SMP No.38/1994 pending before it as expeditiously as possible within a definite time frame. ii) Pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and for proper and effective adjudication of the case. 2. Petitioner / the respondent in a proceeding before the Land Tribunal seeks issue of orders / directions to the Tribunal to dispose of SMP No.38 of 1994 as expeditiously as possible W.P.(C).No.23227 OF 2009 Page numbers within a time limit fixed by this court. Notice of the application was given to the Government pleader, who, after getting instructions, submitted that the SMP is posted on 19/09/2009. The posting is for hearing an application moved by a stranger to get himself impleaded in the proceedings. Petitioner is stated to be an old man aged more than 80 years. The SMP was previously dismissed by the Land Tribunal by order dated 19/09/2002. Ext.P1 is the copy of that order. That order was set aside by the Appellate Authority by its order dated 28/09/2007. Ext.P2 is that order. Having regard to the fact that more than two years have lapsed after the remission of the case and taking note the old age of the petitioner as well, I direct the Land Tribunal to dispose the proceedings as expeditiously as possible, but, after giving reasonable opportunity to both sides to lead evidence in support of their respective W.P.(C).No.23227 OF 2009 Page numbers cases, at any rate within a period of six months from the date of this judgment. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv P.A TO JUDGE