IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP(C).No. 780 of 2010(O) ------------------------------------ SMP.62/1991 of LAND TRIBUNAL, COCHIN .................... PETITIONER ----------- ------- 1. TREESA, AGED 80 YRS., D/O. RAPHEL, NEDUNILATH HOUSE, MARADU P.O., ERNAKULAM. 2. EMILY AGED 76 YRS, D/O. RAPHEL, NEDUNILATH HOUSE, MARADU P.O., ERNAKULAM. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): ------------------------- 1. T.K.BHARGAVI KUTTY, AGED ABOUT 73 YRS. SUDARSANAM THEKKUMBHAGAM, THRIPPNITHURA, NOW RESIDING AT THELAPARAMBIL, PUTHIYAKAVU P.O., PIN - 690102. 2. T.K.RAMACHANDRAN, AGED ABOUT 49 YRS., S/O. T.K.BHARGAVI KUTTY, VADAKKETHELAPARAMBIL, THEKKUMBHAGOM, THRIPPUNITHURA, MARADU P.O. PIN - 682304. 3. GANGADHARAN, AGED ABOUT 46 YEARS, S/O. BARGAVIKUTTY, SUDARSANAM THEKKUMBHAGAM, THRIPPUNITHURA, NOW RESIDING AT VADAKKUTHELAPARAMBIL, PUTHIYAKAVU P.O., PIN.690102. 4. LATHA, AGED 40 YEARS, D/O.BHARGAVIKUTTY, SUDARASANAM THEKKUMBHAGAM, THRIPPUNITHURA, NOW RESIDING AT VADAKKUTHELAPARAMBIL PUTHIYAKAVU P.O., PIN - 690102. R1 BY ADVS. SRI.DINESH R.SHENOY, SRI.MAHESH MENON. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss O.P.(CIVIL) NO.780/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN SMP. NO.62/1991 DTD. 29.6.2000. P2:- COPY OF THE APPELLATE ORDER IN AA. NO.45/2005 LAND TRIBUNAL AUTHORITY DT.D 11.6.09. P3:- COPY OF THE ORDER IN CRP. 337/09 DTD. 22.2.2010. P4:- COPY OF THE APPLICATION. P5:- COPY OF THE OBJECTION. TRUE COPY P.A. TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.780 of 2010 --------------------------------------- Dated this 13th day of December, 2010 JUDGMENT Petitioners claimed to be cultivating tenant of the S.M. schedule property and claimed that there is an order for issue of purchase certificate in their favour as confirmed by this court also. Following that, petitioners filed Ext.P4, application before the Land Tribunal, Thripunithura for issue of purchase certificate but, so far it is not issued and the matter is being delayed for some reason or the other. Hence this petition to direct the Land Tribunal to advance hearing of Ext.P4, application and dispose of the same and issue purchase certificate. Learned Government Pleader submits that Ext.P4, application is now posted on 08-02-2011. Learned counsel for respondent No.1 submits that special leave petition has been filed in the Supreme Court challenging order of this court confirming the order allowing purchase certificate in favour of petitioner. 2. Ext.P4, application is now posted on 08-02-2011. If any such special leave petition has been filed in the Supreme Court and there is any order of stay of operation of the order or against issue of certificate it is open to respondent No.1 to produce such order in the Land Tribunal before 08-02-2011. At any rate, any certificate if issued by the Land Tribunal will be subject to the decision of the Supreme Court in the special leave petition. Now that Ext.P4, O.P(C).No. 780 of 2010 : 2 : application is posted for hearing on 08-12-2010 it is not necessary to issue direction to advance hearing of that application. In case any of the contesting respondent did not produce order of stay from the Supreme Court the Land Tribunal shall consider Ext.P4, application and pass orders on 08-02-2011. This petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-