Disposed

Suhrabi v. Secretary, the Land Tribunal, Kozhikode

Kerala HC15 Oct 2008WP(C)/20768/2008

Case brief

AI extract

What is this about?

Writ petition challenging delay in disposal of a purchase application arising from missing records. The Court was satisfied with the Tribunal's explanation, directed reconstruction of files with party assistance within three months, and ordered disposal of the application within six months thereafter. Originating from Kerala state land dispute.

What did the court decide?

Directs the Land Tribunal to reconstruct records in O.A. No. 834/99 aided by parties within three months and dispose of the application within six months thereafter.

Suhrabi Vs Secretary, the Land Tribunal, Kozhikode — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930

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WP(C).No. 20768 of 2008(V)

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OA.834/1999 of LAND TRIBUNAL, KOZHIKODE

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PETITIONER(S):

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SUHRABI, AGED 39 YEARS, W/O.V.HASSAN, THAZHANCHERRY, AKKARATHODATHU, CHELEMBRA AMSOM AND DESOM, P.O.KOLAKKATTUCHALAIL,

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MALAPPURAM DISTRICT, REP. BY HER P/A HOLDER THAZHANCHERI VEERAN MOIDEEN, AGED 58, THAZHANCHERRY, CHELEMBRA, MALAPPURAM DISTRICT.

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BY ADV. SRI.JACOB ABRAHAM

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SMT.KOCHUMOL KODUVATH

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RESPONDENT(S):

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`THE LAND TRIBUNAL, KOZHIKODE.

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2. CHANDRIKA, W/O.LATE CHELEKKADAN PERACHAKUTTY, CAHALIYAM P.O.,KADALUNDI, KOZHIKODE DISTRICT.

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MANOJ,

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S/O.LATE CHELEKKADAN PERACHAKUTTY CAHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT.

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WP(C).No. 20768 of 2008 :: 2 ::

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4. DINESH, S/O.LATE CHELEKKADAN PERACHAKUTY

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CAHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT.

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MADAHAVI, W/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI,

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KOZHIKODE DISTRICT.

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6. RAJESH,

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S/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI,

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KOZHIKODE DISTRICT.

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7. SWAPNA,

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D/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI,

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KOZHIKODE DISTRICT.

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8. DASINA,

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D/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI,

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KOZHIKODE DISTRICT.

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9. SONA,

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D/O.LATE CHELEKKADAN RAJAN, CHAMBUNGAL HOUSE, CAHALIYAM P.O.,KADALUNDI,

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KOZHIKODE DISTRICT.

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R1 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI, J.

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W.P.(C).No.20768 of 2008

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Dated this the 15^th day of October, 2008.

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JUDGMENT

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The petitioners are the respondents in O.A.No.834/99 pending before the Land Tribunal, Kozhikode. The application was filed by the predecessor-in-interest of the 2^nd respondent for purchase of Karaima right in respect of a portion of the land, the larger extent of which belongs to the petitioner, it is claimed. Apparently, the application was originally allowed. But, on appeal, it was remanded back to the Land Tribunal as per Ext.P2 order. The direction to the Land Tribunal by the appellate authority was one for fresh disposal. The petitioner is aggrieved by the delay in disposal of the proceedings before the Land Tribunal, after remand. Hence this writ petition.

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It seems that the delay in disposal

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of the original application was due to the missing of records. In these circumstances,

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W.P.(C).NO.20768/08

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the Land Tribunal informed the matter to the applicant and hence this writ petition was filed by the applicant. I am satisfied with the explanation offered by the Land Tribunal. In paragraph 6 of the affidavit, it is stated as follows:

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“In such circumstances, I express my willingness to do legally acceptable ways in order to redress the grievance of the petitioner. The Hon'ble Court may be pleased to give directions in this matter.”

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I heard learned counsel for the

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petitioner Mr.Jacob Abraham and the learned Government Pleader.

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In these circumstances, the only option which is available is reconstruction of the files. Accordingly, the Land Tribunal shall proceed to reconstruct the records in O.A.No.834/99, with the help of the parties to the proceedings. It is made clear that on a requisition made in this regard, the parties shall produce such records as are available

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W.P.(C).NO.20768/08

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:: 3 ::

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with them. The process as outlined above shall be completed within a period of three months from the date of receipt of a copy of this judgment, and thereafter the Land Tribunal shall proceed to dispose of the original application within six months thereafter.

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Sd/- (V.GIRI) JUDGE

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sk/

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//true copy//

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P.S. To Judge

Suhrabi v. Secretary, the Land Tribunal, Kozhikode

Case brief

What is this about?

What did the court decide?

Suhrabi v. Secretary, the Land Tribunal, Kozhikode

Case brief

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