IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 24396 of 2009(O) -------------------------- OA.502/1965 of LAND TRIBUNAL, PALAKKAD AA.11/2004 of A.A.(LR),THRISSUR .................... PETITIONER(S): --------------- 1. BALASUBRAMANIAN, S/O.SANKARANKUTTY MOOTHAN,THODAPPAVEETTIL, KAVILPAD,PALAKKAD TALUK,PALAKKAD DISTRICT. 2. DEVAN,SON OF DO. IN DO. DO. BY ADV. SRI.S.V.BALAKRISHNA IYER(SR) SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENT(S): --------------- 1. BALACHANDRAN,S/O.KANDANKUTTY, PANAMTHODIKALAM,KAVILPAD, PALAKKAD TALUK,PALAKKAD DISTRICT. 2. VASUDEVAN,S/O. DO. IN DO. DO. 3. RADHAKRISHNAN,S/O. DO. IN DO. DO. 4. MURALIDHARAN,S/O. DO. IN DO. DO. 5. SATHYARAJAN,S/O. DO. IN DO. DO. 6. SWAYAMPRABHA,D/O. DO. AND W/O.RAJAN, PARAMUTTUKALAM,KUNISSERY POST, ALATHUR TALUK. 7. VASANTHA,W/O.BHAKTHAVATSALAN, KUNNATHURMEDU,PALAKKAD. 8. KAMALAKSHI,W/O.MANI, PUTHUR,PALAKKAD. WPC.24396/09 ADDL.R9: THE APPELLATE AUTHORITY, (LAND REFORMS), THRISSUR. ADDL.R9 IS IMPLEADED AS PER ORDER DATED 28.8.2009 IN I.A.NO.1.942/09 GOVT.PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.24396 OF 2009 (O) ----------------------------------- Dated this the 7th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to call for the records relating to Ext.P4 order from the Land Tribunal, Palakkad and set aside the same; ii. to issue a writ of certiorari or any other appropriate writ, order quashing the said order Ext.P4. iii. to issue a direction directing the withdrawal of A.A.No.11 of 2004 on the file of the Appellate Authority (LR), Thrissur to this Honourable Court. iv. to issue an interim direction directing the Appellate Authority (LR), Thrissur to dispose of A.A.No.11 of 2004 within a time limit and directing the said Authority to send up its judgment to this Honourable Court for consideration; v. to retain this writ petition on file until the petitioners obtain delivery of the properties permitted to be WPC.24396/09 2 resumed by Ext.P1 order. vi. to issue an appropriate writ directing the Appellate Authority (LR), Thrissur to dispose of A.A.No.11 of 2004 on its file expeditiously and within a time frame; vii. to grant the petitioner such other appropriate reliefs that this Honourable Court may deem fit to grant. 2. Petitioners are the appellants in A.A.No.11 of 2004 on the file of the Appellate Authority (Land Reforms), Thrissur. Having regard to the reliefs claimed and the submissions made by the learned counsel for the petitioners, the learned Govt.Pleader was directed to ascertain and report the present stage of the appeal and also the time limit within which the Appellate Authority can dispose of the appeal. Accordingly, after getting instructions, the learned Govt.Pleader submitted that the case now stands posted on 16.10.2009 for counter by the respondents. The Appellate Authority, it is further submitted, has also reported that the appeal can be disposed of within four months from the above date. The learned counsel for the petitioner submitted that in an appeal, no WPC.24396/09 3 counter need be filed by the respondents, and the matter can be disposed of after hearing both sides with reference to the materials available on records. Whatever that be, having regard to the fact that the appeal had been filed as early as in 2004, and the submissions made on behalf of the Appellate Authority by the learned Govt.Pleader, I direct the Appellate Authority to give the appeal top priority in hearing and dispose the appeal, after hearing both sides, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. Writ petition is disposed with the above directions. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the Appellate Authority concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp WPC.24396/09 4