Allowed

Al Madrasathul Muhammadiya Madrassa v. Mancheri Abdusamad

Kerala HC11 Aug 2016CRP(LR)/484/2015

Case brief

AI extract

What is this about?

In a revision under Kerala Land Reforms Act, the High Court allowed the petition by setting aside an order dismissing an appeal due to uncondoned delay. The court remitted the matter for fresh disposal and directed the Appellate Authority to dispose of pending cases within three months.

What did the court decide?

Revision allowed; impugned order setting aside appeal dismissed; matter remitted for fresh disposal of delay application; Appellate Authority directed to decide pending cases within three months.

Al Madrasathul Muhammadiya Madrassa Vs Mancheri Abdusamad — Land Acquisition | Kerala HC (2016)

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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 K.RAMAKRISHNAN

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THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938

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CRP(LR).No. 484 of 2015

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SMP 187/1991 OF LAND TRIBUNAL, PERINTALMANNA DATED 05-07-1991

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------------------

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REVISION PETITIONER/APPELLANT/INTERMEDIARIES :

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AL MADRASATHUL MUHAMMADIYA MADRASSA, KARKIDAMKUNNU KOLAPARAMBA, REPRESENTED BY SECRETARY, UMMER, KARKIDAMKUNNU P.O. PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI

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RESPONDENT(S)/RESPONDENTS & STATE/CULTIVATING TENANT AND LAND OWNER :

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1. MANCHERI ABDUSAMAD, S/O. KUNHAYAMMU HAJI, ARIPRA, VALAMBUR AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 325.

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2 KAPPLINGATTU MANAKKAL ASTAMOORTHI NAMBOODIRIPAD, ARATTUPUZHA, NHARUVASSERI, THRISSUR DISTRICT-690 565 (DIED RECORDED)

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IT IS RECORDED THAT THE 2ND RESPONDENT DIED AND THERE ARE NO LEGAL HEIRS VIDE ORDER DATED 20/05/2016 IN IA NO.1050/2016.

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3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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R1 BY ADV. SRI.T.H.ABDUL AZEEZ

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R3 BY GOVERNMENT PLEADER SRI S.GOPINATHAN

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THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD ` ON 11-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.

K.RAMAKRISHNAN, J.

===================

C.R.P(LR) No.484 of 2015

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======================= Dated this the 11^th day of August, 2016

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ORDER

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Cost paid. So the revision is allowed.

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The order passed in I.A. 146 of 2013 in AA No.68 of 2013 is dismissing the delay condonation application and consequentially dismissing the appeal are set aside and the matter is remitted to the court below for fresh disposal of the delay condonation application after giving an opportunity to the petitioner to adduce the evidence explaining the delay for filing the appeal and then dispose of the application as afresh untrammelled by the observation made in the impugned order.

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Considering the fact that the case is of the year 2013, the Appellate Authority (Land Reforms) Thrissur is directed to expedite those applications as expeditiously as possible at any rate within three months from the date of receipt of this order.

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The parties are directed to appear before Appellate Authority

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(Land Reforms) Thrissur on 25.08.2016. Registry is directed

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to communicate this order to the concerned court immediately.

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K.RAMAKRISHNAN,JUDGE

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SKV

Al Madrasathul Muhammadiya Madrassa v. Mancheri Abdusamad

Case brief

What is this about?

What did the court decide?

Al Madrasathul Muhammadiya Madrassa v. Mancheri Abdusamad

Case brief

What is this about?

What did the court decide?

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