IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37307 of 2009(O)
1. N.P.SUNNY, S/O.LATE LONAN,
... Petitioner
Vs
1. N.J.JOY, S/O.THOMMI JOSEPH,
... Respondent
For Petitioner :SRI.GIGIMON ISSAC
For Respondent : No Appearance
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :01/10/2010
O R D E R
HARUN-UL-RASHID, J.
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W.P.(C).No.37307 Of 2009
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Dated this the 1st day of October, 2010.
J U D G M E N T
Petitioner herein is the applicant in O.A.No.4662 of 1976.
He is the respondent in O.A.No.129 of 2005. Both are pending
before the Land Tribunal, Thripunithura. The petitioner filed
O.A.No.4662 of 1976 for purchase of kudikidappu. By order
dated 30.4.1985 the Land Tribunal passed a preliminary order
followed by Ext.P4 final order. In Ext.P4 the purchase price
payable is finalised and it was further ordered that on the
applicant remitting the first instalment, a certificate of purchase
will be issued to him. Ext.P4 was challenged in L.R.A.S.No.125 of
1985 by the respondent in the O.A. The Appellate Authority
directed the Land Tribunal to keep O.A.No.4662 of 1976 in
abeyance till the disposal of O.A.No.38 of 1985 filed by the
respondent for shifting kudikidappu. Order passed by the
Appellate Authority is produced as Ext.P5. Subsequently,
O.A.No.38 of 1985 was dismissed for default. Ext.P6 is the order
of dismissal of the O.A.No.38 of 1985. The petitioner’s grievance
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is that even after dismissal of O.A.No.38 of 1985 filed by the
respondent, the Land Tribunal is not proceeding further and
issuing purchase certificate in O.A.No.4662 of 1976.
2. The learned counsel for the petitioner submitted that
the same respondent filed another O.A.NO.129 of 2005 for the
same relief for which O.A.No.38 of 1985 was filed. Subsequent
O.A is not maintainable as it is hit by the principle of res judicata.
It is submitted that though a detailed counter affidavit has been
filed seeking for dismissal of O.A.NO.129 of 2005, the Tribunal
has not passed any orders finally disposing of the O.A. In 2005
the petitioner again filed Ext.P7 petition requesting the Land
Tribunal to issue the purchase certificate. The said application is
still pending.
3. The prayer in the writ petition is for a direction to the
Land Tribunal hear and dispose of Ext.P7 application. In the
circumstances, there will be a direction to the Land Tribunal,
Thripunithura to finalise the proceedings in O.A.No.4662 of 1976
by disposing of Ext.P7 application. The Land Tribunal also shall
dispose of the O.A.No.129 of 2005 which was filed by the
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respondent subsequent to the dismissal of O.A.No.38 of 1985.
The Land Tribunal shall dispose of the said O.As within a period of
three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
HARUN-UL-RASHID,
Judge.
bkn/-