IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29701 of 2010()
1. THAMARATH MOHAMAD @ BAPPUTTY HAJI,
... Petitioner
Vs
1. KUNJATHUTTY @ IMMU,
... Respondent
2. VYSIAR AMINA, D/O.VYSIAR HAMSA HAJI,
3. ALI, KARIVATTOM VILLAGE,
4. VYSIAR MUHAMMED,
5. THE STATE OF KERALA,
6. THE LAND TRIBUNAL,
For Petitioner :SRI.P.VISWANATHAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 29701 of 2010 K
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Dated this the 14th day of October, 2010
J U D G M E N T
Challenge in the writ petition is against Ext.P1
order passed by the Land Tribunal.
2. Admittedly, Kerala Land Reforms Act itself provides
for an appellate remedy against an order in the nature of
Ext.P1. However, it is contended that Ext.P1 order cannot be
treated as one passed under Section 72(5) of the Kerala Land
Reforms Act and, therefore, appellate remedy is not available.
Although the learned counsel for the petitioner made all
endevours to show that the appeal is not maintainable, still I
am not in a position to accept the said contention. Therefore,
the writ petition is only to be dismissed and I do so.
3. Learned counsel then pleaded that having regard
to the fact that the writ petition was pending before this Court
till now, and as the appeal period prescribed has expired in
the meanwhile, petitioner may be permitted to file an appeal.
WPC.29701/10
: 2 :
4. This writ petition filed before this Court on 23-12-
2009 and was pending till date. Therefore, it is only
appropriate that the petitioner should be permitted to file an
appeal. Accordingly, it is directed that if an appeal against
Ext.P1 is filed within three weeks from today, that will be
entertained and disposed of by the appellate authority, in
accordance with law.
Writ petition is disposed of as above.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge