IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10910 of 2008(W)
1. THEYYAM VEETTIL VIJAYAN,
... Petitioner
Vs
1. CHELAKODE DAMODARA KURUP,
... Respondent
2. KOTTARATHIL JANAKI AMMA,
3. KOTTARATHIL KUNHILAKSHMI AMMA,
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :/ /
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C) NO.10910 OF 2008
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Dated this the 1st day of April, 2008
JUDGMENT
This petition is filed under Article 227 of the
Constitution of India for a writ of mandamus
directing Land Tribunal, Tirur to comply with
Ext.P2 order and for a writ of certiorari to
Ext.P3 order and quash the same. As per Ext.P1
judgment in W.P.(C) 2735/2004 dated 7.3.06, this
court quashed the order passed by Munsiff Court,
Tirur and directed to refer the question of
kudikidappu to the Land Tribunal under section 125
(3) of Kerala Land Reforms Act. Under Ext.P2 order
dated 7.4.06 this court, in the review petition,
directed Land Tribunal, Tirur to dispose the
matter within four months from the date on which
the reference is received and to report compliance
by the Land Tribunal. Case of the petitioner is
that subsequent to that order, Land Tribunal though
received the records did not comply with the
W.P.(C)10910/08 2
directions of this court in Ext.P2 order and
instead under Ext.P3 directed Revenue Inspector to
conduct an enquiry and submit a report. Petitioner
contended that Land Tribunal should not have
directed the Revenue Inspector to conduct an
enquiry and therefore Ext.P3 order is to be
quashed. It is also contended that Land Tribunal
is to be directed to comply with Ext.P2 order
without further delay.
2. As per Ext.P2 order, this court directed
the Land Tribunal to submit a finding on the
reference to the trial court within four months
from the date of receipt of the records. That
order was passed on 7.4.2006. Inspite of that
direction, Ext.P3 order was passed on 20.2.08
directing the Revenue Inspector to submit a report.
That order was passed about two years from the date
of Ext.P2 order. Learned counsel appearing for
petitioner submitted that eventhough there was a
prayer to quash Ext.P3 order, Revenue Inspector
has already submitted a report after inspection.
W.P.(C)10910/08 3
It was submitted in view of the report petitioner
may be granted an opportunity to file objection to
the said report. The Land Tribunal is directed to
grant an opportunity to the parties to file
objection to the report. Land Tribunal is also
directed to decide the question of kudikidappu
referred to it without further delay and comply
with Ext.P2 order, at any rate within two months
from the date of receipt of a copy of this order.
Writ Petition is disposed of as above.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006