IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2895 of 2004(T)
1. SANTHAKUMARI AMMA,
... Petitioner
Vs
1. LAND TRIBUNAL, NO.II, KASARAGOD.
... Respondent
2. STATE OF KERALA,
3. MEENAKSHY AMMA, W/O. MALINGU NAIR,
4. MALINGU NAIR, S/O. DERMAN NAIR,
5. KODOTH LAKSHMI AMMA,
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :24/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
..........................................................
W.P.(C)No.2895 OF 2004
...........................................................
DATED THIS THE 24th JULY, 2007
J U D G M E N T
Service to the 3rd respondent declared sufficient. The 5th
respondent-jenmi is already served. There is no appearance for her.
The 4th respondent is reported dead. But then, as can be seen from
the impugned order itself, the 3rd respondent who is served is the wife
of the 4th respondent. The estate of the 4th respondent in this Writ
Petition including the interest of his other legal heirs will be
represented by the 3rd respondent who is also one of the legal heirs of
the 4th respondent.
2. Ext.P4 order by which the Land Tribunal, Kasaragod allowed
Ext.P3 objection-cum-application filed by respondents 3 and 4 to set
aside Ext.P2 report of the authorised officer which was very much in
favour of the petitioner is under challenge in this Writ Petition.
3.There is no appearance for the respondents.
4. Heard Sri.Kodoth Sreedharan, counsel for the petitioner who
has taken me through the various documents placed on record relating
to the earlier proceedings in the litigation between the parties. Having
regard to the submissions of the learned counsel and the background
of the case as unfurled from the documents placed on record, I am of
WP(C)N0.2895/04
-2-
the view that the Land Tribunal should have passed a speaking order.
I set aside Ext.P4 and direct the Land Tribunal to pass fresh orders on
Ext.P3 filed by respondents 3 and 4, giving reasons as to why Ext.P2 is
liable to be referred back to the authorised officer. Since the 4th
respondent is reported dead, the Land Tribunal will take steps for
impleading the other legal heirs of the 4th respondent also as additional
parties in the proceedings.
The Writ Petition is allowed as above. No costs.
(PIUS C.KURIAKOSE, JUDGE)
tgl
WP(C)N0.2895/04
-3-