Remanded

Vijayalakshmiamma and Other v. State of Kerala and Others

Kerala HC20 Sept 2016WP(C)/18949/2009

Case brief

AI extract

What is this about?

Petitioners challenged an order dismissing their appeal as they were absent. The High Court found the Appellate Authority failed to decide the interim application. The writ was allowed, the matter remanded to the Authority for deciding the interim application within two months, and the purchase certificate placed in abeyance.

What did the court decide?

Matter remitted to the 2nd respondent to pass orders on the interim application within two months; purchase certificate kept in abeyance.

Vijayalakshmiamma and Other Vs State of Kerala and Others — 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 SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938

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WP(C).No. 18949 of 2009 (K)

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PETITIONER(S):

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1. VIJAYALEKSHMIAMMA, W/O.LATE P.S.BHASKARANPILLAI,AGED 7O YEARS,, ISWARYA,MULANGADAKAM,KOLLAM FROM KANKOLIL,, AMBALAPUZHA.

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2. B.SALIL,S/O.BHASKARAN PILLAI,AGED 49 YEARS, ISWARYA,MULANGADAKAM,KOLLAM FROM KANKOLIL, AMBALAPUZHA.

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3. B.SUNIL,S/O.BHASKARAN PILLAI,AGED 45 YEARS, ISWARYA, MULANGADAKAM,KOLLAM FROM KANKOLIL,, AMBALAPUZHA.

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BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW

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RESPONDENT(S):

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1. STATE OF KERALA REP.BY SECRETARY REVENUE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. LAND TRIBUNAL APPELLATE AUTHORITY, ALAPPUZHA.

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3. LAND TRIBUNAL,CHERTHALA.

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4. GOPALAN,MUPPATHILCHIRAYIL,KARUMADI, AMBALAPPUZHA.

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R1-R3 BY ADV. GOVERNMENT PLEADER SRI SANTHOSH PETER R4 BY ADV. SRI.S.SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WPC NO.18949 OF 2009:

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ASPPENDIX

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PETITIONERS EXHIBITS:

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P1: COPY OF THE JUDGMENT DATED 23.4.1997 IN A.A.232/94 (A.A. NO 208/97) OF THE APPELLATE AUTHORITY.

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P2: COPY OF THE ORDER DATED 26.5.1999 IA NO NIL DATED 29.4.1997 IN AA 208/1997.

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P3: COPY OF THE ORDER DATED 15.10.2005 IN CRP NO 1835/99 OF THE HONOURABLE HIGH COURT OF KERALA.

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P4: COPY OF THE ORDER DATED 30.7.2008 IN AA NO 89/05 OF THE APPELLATE AUTHORITY ALAPPUZHA.

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P5: COPY OF THE PURCHASE CERTIFICATE DATED 21.3.2009 IN S.M.42/88.

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RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

P.V.ASHA, J.

W.P(C) No.18949 of 2009-K

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Dated this the 20^th day of September, 2016

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JUDGMENT

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The petitioners are challenging Ext.P4 order by which the Appellate Authority (LR) - the 2^nd respondent, dismissed the appeal filed by them on account of the absence of the appellants/the petitioners herein.

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The 4^th respondent had filed S.M.No.42/1988 before the Land Tribunal, Alappuzha for assignment of land alleging that the same was in his possession since the year 1962. The said land was in the ownership of the petitioners. By order dated 31.09.1994, the Land Tribunal, Alappuzha assigned the said land in favour of the 4^th respondent. Aggrieved by the same, the petitioners filed an appeal before the 2^nd respondent as A.A.No.232 of 1994, which was subsequently re-numbered as A.A.No.208 of 1997. The appeal was allowed as per Ext.P1 judgment finding that the 4^th respondent was not a cultivating tenant. The 4^th respondent filed a petition for setting aside the judgment and to re-hear the appeal. The said application was

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W.P(C) No.18949 of 2009-K 2

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dismissed as per Ext.P2 order and the 4^th respondent approached this Court in C.R.P.No.1835 of 1999 in which by Ext.P3 order this Court directed the appellate authority to re-hear the unnumbered I.A filed by the 4^th respondent. It is thereafter that the 2^nd respondent passed Ext.P4 order. By Ext.P4 order the appeal itself was dismissed observing that the appellants/the petitioners herein were continuously absent. This Writ Petition is filed as against Ext.P4 order. Consequent to Ext.P4, the 4^th respondent was issued purchase certificate Ext.P5 on 21.03.2009. It is thereafter, this writ petition has been filed challenging Ext.P4 as well as Ext.P5.

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The contention of the petitioners is that the husband of the 1^st petitioner, who is the father of petitioners 2 and 3, a lawyer who was looking after the proceedings, died and thereafter the counsel who was appearing for the petitioners also died. In these circumstances, the petitioners were not in a position to ascertain the status of the case and they were not aware of the postings. It was under those circumstances, the appeal happened to be dismissed. It is their further contention that, even though this court had directed in Ext.P3 order in the C.R.P to pass orders on the I.A filed by the 4^th respondent to re-

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W.P(C) No.18949 of 2009-K 3

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open and re-hear the I.A, the 2^nd respondent, without passing any orders in the I.A, dismissed the appeal itself.

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I heard the learned counsel appearing on either side.

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As contended in the writ petition, no orders are seen passed by the appellate authority on the I.A filed by the 4^th respondent pursuant to Ext.P3 order in C.R.P.No.1835 of 1999. Therefore, the 2^nd respondent is not justified in not passing any orders on the said application and dismissing the appeal itself, which was once dismissed.

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In the above circumstances, the matter is remitted back to the 2^nd respondent to consider and pass orders on the I.A as directed in Ext.P3 order, within a period of two months from the date of receipt of a copy of this judgment. The parties will appear before the 2^nd respondent on 21.10.2016. Till such orders are passed on the I.A, Ext.P5 shall be kept in abeyance.

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Sd/-

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(P.V.ASHA, JUDGE)

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rtr/

Vijayalakshmiamma and Other v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Vijayalakshmiamma and Other v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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