IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 OP(C).No. 71 of 2011(O) ----------------------- OA.202/2007 of LAND TRIBUNAL, KANAYANNUR ................... PETITIONER ------------------- SMT.SEEMA.V.B, W/O.RAJESH PHALGUNAN, AGED 34 YEARS, C.C.42/1205, VETTATH, MATHAI MANJOORAN ROAD, COCHIN-18, NOW RESIDING AT BUILDING NO.4234, FLAT NO.1, GHOUBRA, MUSCAT, SULTANATE OF OMAN. BY ADV. SRI.BASIL MATHEW RESPONDENT(S): ------------------------- 1. K.THANKAPPAN NAIR, S/O.PARAMESWARAN NAIR, AGED 65 YEARS, PENSIONER, C.C.NO.66/1542, THURUTHIPARAMBU HOUSE, KACHERIPADY P.O. POWER HOUSE ROAD, KOCHI-18. 2. RAJAMMA, WIFE OF BRILVI, THURUTHIPARAMBU HOUSE, MATHAI MANJOORAN ROAD, KACHERIPADY P.O. ERNAKULAM.PI 682018 3. HARIKRISHNAN, AGED 32 YEARS, THURUTHIPARAMBU HOUSE, MATHAI MANJOORAN ROAD, ERNAKULAM.682018 4. PRASANTH, S/O.RAJAMMA, AGED 34 YEARS, THURUTHIPARAMBU HOUSE, MATHAI MANJOORAN ROAD, KACHERIPADY P.O. ERNAKULAM. PIN 682018 R2, 3, 4 BY ADV. SRI.K.B.SAJAN R1 BY ADVS. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 71 of 2011(O) ------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE APPLICATION DATED 31.10.2007 IN O.A. 202/2007 ON THE FILE OF THE LAND TRIBUAL, ERNAKULAM. EXT.P2. COPY OF THE OBJECTION DATED 11.3.2008 FILED IN O.A. 202/2007 ON THE FILE OF THE LAND TRIBUNAL, ERNAKULAM. EXT.P3. AFFIDAVIT FILED BY THE FIRST RESPONDENT IN O.A. 202/2007. EXT.P4. COPY OF THE ADDITIONAL REPORT DATED 9.7.2008 FILED BY THE ADVOCATE COMMISSIONER IN O.S. 380/2008 ON THE FILE OF THE MUNSIFF COURT, ERNAKULAM. EXT.P5. COPY OF THE ORDER DATED 6.10.2008 IN O.S. 380/2008 OF THE MUNSIFF COURT, ERNAKULAM. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.BHAVADASAN, J. ---------------------------- O.P.(C)No. 71 of 2011 --------------------------------- Dated this the 25th day of March, 2011 JUDGMENT The limited prayer in this O.P.(C) is for a disposal of the preliminary objection raised by the petitioner in O.A.No.202/2007 on the file of the Land Tribunal, Ernakulam. 2. The petitioner is the owner of the building bearing Door No.C.C.66/1542 and she is the 4th respondent in O.A.No.202/2007 before the Land Tribunal, Ernakulam. The first respondent had filed application before the Land Tribunal, Ernakulam claiming Kudikidappu. Petitioner says that she filed preliminary objection pointing out that the building involved in O.A is a portion of the line building. Therefore, the claim cannot be sustained. 3. The preliminary objection is filed by the petitioner is marked as Ext.P2. The respondent filed copy ofaffidavit. In this writ petition, the grievance is that though preliminary objection was heard, no orders have been passed so far. The prayer is to direct the Land Tribunal, Ernakulam to pass orders on the preliminary issues raised by the petitioner as expeditiously as possible. 3. The respondents objected to the prayer. O.P.(C)No. 71 of 2011 2 4. In the light of the order that is proposed to be passed, no counter affidavit is necessary. 5. The only prayer in the petition is for a direction to the Land Tribunal to consider and dispose of the preliminary objection already heard in lower court. Considering the averments of the petition, the nature of prayer made is just and reasonable. In the result, there will be direction to the Land Tribunal, Ernakulam to dispose of the preliminary objection filed by the petitioner in O.A. No.202/2007 as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. This O.P.(C) is disposed of. P.BHAVADASAN, JUDGE. ln