JUDGMENT
Kurian Joseph, J.
1. Petitioner filed an application for purchase of
right, title and interest of ownership and intermediaries
of 14 x 10 Asarikol (Carpenterkol) of property in T.S.No.
17-15-632 of Kasba Village. The Revenue Inspector made a
recommendation on the application as per Exhibit P1
observing that the extent would be 2.25 cents. As per
Exhibit P2 the Land Tribunal, Kozhikode passed orders on
the application permitting the petitioner to purchase the
right in respect of the said 14 x 10 Asarikol property.
But the calculation in terms of centage was given as 2
cents. According to the petitioner, he has filed an
application before the Land Tribunal for correcting the
extent as 16 cents instead of 2 cents. In the meanwhile,
on the application filed by the first respondent, the
Land Tribunal passed Exhibit P7 order correcting the
actual extent as 1.76 cents since the centage of 14 x 10
Asarikol would be only 1.76 cents. Petitioner has two
main contentions. The first contention is that the
impugned order Exhibit P7 was passed pursuant to the
direction issued by the Appellate Authority as per
Exhibit P6. In is the contention that no such appeal
lies before the Appellate Authority. The second
contention is that when the petitioner’s application for
correction of the extent as 16 cents is pending, the
Tribunal should not have been passed orders on the
application for correction filed by the first respondent,
without considering the application filed by the
petitioner.
2. After having heard the learned counsel on
both sides and also the learned Government Pleader, I do
not think it necessary to go into the first contention
since after all what is attempted to be done by the
impugned order is only a correction of an alleged
clerical mistake. But, I find some force in the
contention of the petitioner with regard to the second
aspect, namely, when his application for correcting the
extent as 16 cents is pending, orders should not have
been passed by correcting the extent to his disadvantage
after a fairly long period. Therefore, I direct the Land
Tribunal, Kozhikode to consider the application pending
before it at the instance of the petitioner for
correcting the extent as 16 cents in accordance with law.
I make it clear that Exhibit P7 order will not stand in
the way of the Land Tribunal in passing appropriate
orders in the matter. The Tribunal shall issue notice to
the parties within a period of one month from the date of
receipt of a copy of this judgment.
3. This original petition is disposed of as above.