IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 OP(C).No. 1256 of 2011(O) ------------------------- AA.36/2008 of APPELLATE AUTHORITY (LR), ALAPPUZHA .................... PETITIONER : ---------------------- - KUMARAN KUTTAPPAN, S/O.KUMARAN, AGED 61 YEARS, RESIDING AT 'ANIZHAM', FROM VATTAVELIYIL, VANDANAM.P.O., ALAPPUZHA. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA SMT.AMRITA JAYARAM RESPONDENT(S): --------------- 1. HUSSAIN YAFFI, S/O.MOHAMMED YAFFI, THAZHAKATH PUTHEN VEEDU, ZACHARIA VARD, ALAPPUZH A 680 001. 2. ALAPPUZHA MEDICAL COLLEGE, VANDANAM.P.O., ALAPPUZHA, REPRESENTED BY ITS ADMINISTRATOR. (ERST WHILE THIRUMALA DEVASWOM, (TD) MEDICAL COLLEGE), PIN 688001 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM 695 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1256 of 2011 --------------------------------------- Dated this the 29th day of March, 2011 JUDGMENT The petitioner is the second respondent in Exhibit P3 Appeal (A.A.No.36 of 2008), on the file of the Appellate Authority (Land Reforms), Alappuzha filed by the first respondent herein. The first respondent appellant also filed Exhibit P4 application (I.A.No.49 of 2008) to condone the delay in filing the Appeal. In the application for condonation of delay, the petitioner filed Exhibit P5 objections. The Appeal was filed by the first respondent against the order in O.A.No.2559 of 1975 on the file of the Land Tribunal, Alappuzha. Exhibit P1 purchase certificate was issued to the petitioner and his mother in O.A.No.2559 of 1975. The Appeal was filed only in 2008, after 31 years of the order passed by the Land Tribunal. 2. The apprehension of the petitioner is that without O.P.(C) No.1256 of 2011 2 considering the application for condonation of delay, the Appellate Authority is about to dispose of the Appeal on the merits. According to the petitioner, the Appellate Authority should dispose of the application for condonation of delay and only thereafter, the Appeal can be taken up for hearing. It is also alleged that the petitioner was not afforded an opportunity of being heard in the matter. If the Appellate Authority passes any judgment or order, the petitioner has effective alternative remedy. Against the judgment of the Appellate Authority, the remedy of the petitioner is to file a revision under Section 103 of the Kerala Land Reforms Act. At this stage, the jurisdiction under Article 227 of the Constitution of India cannot be exercised to grant the reliefs prayed for in the Original Petition. Accordingly, the Original Petition is dismissed. K.T.SANKARAN JUDGE csl