“Petitioners are members of Chakkiriyoda Tharwad which owns an extent of 3.9 hectares of land in Kalpeni Island. A portion of the above land and a building situated therein was assigned in favour of the third respondent and her mother by two elder members of the Tharwad without the concurrence of other members. The illegal alienation was challenged before the Civil Court which found that the property is a Tharwad property. However, ignoring this the Revenue authorities issued rough patta in favour of the third respondent. Against the order of the Asst.Settlement Officer, the petitioners preferred Appeal before the Appellate Authority, which was rejected as per order dated 14.8.2003. Against the above order, petitioners preferred a second appeal before the first respondent as provided under Regulation 78(2) of the L.R.T. Regulation, 1965. Along with the appeal petitioners also filed a stay petition to stop the constructions effected by the third respondent in the disputed property. Since no action was taken by the first respondent, petitioners preferred W.P.No.990/2004 before this Hon'ble Court, which was disposed of by judgment dated 12.1.2004 directing the first respondent to consider and pass appropriate orders on the stay petition within one month from the date of receipt of copy of the judgment. However, instead of considering the stay petition, the first respondent took up the Second Appeal itself for hearing and rejected the same holding that there is no evidence to show that the property is a Tharwad property. The impugned order is issued without giving sufficient opportunity to the petitioners to produce further evidence. Therefore, the order is liable to be set aside on the ground of violation of principles of natural justice.
