Disposed

Muhammed Shah v. the Land Tribunal Appellate Authority

Kerala HC14 Jul 2021WP(C)/13928/2021

Case brief

AI extract

What is this about?

In this writ petition challenging an order of the Land Tribunal, the High Court of Kerala directed the 1st respondent, Land Tribunal Appellate Authority Thrissur, to expeditiously consider the pending appeal filed by the petitioner, notice affected parties, and finalize the matter within three months.

What did the court decide?

Director 1st respondent to consider pending appeal Ext.P2 expeditiously, issue notices, and finalize within 3 months.

Muhammed Shah Vs the Land Tribunal Appellate Authority — Land Acquisition | Kerala HC (2021)

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WP(C) NO. 13928 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 14^TH DAY OF JULY 2021 / 23RD ASHADHA, 1943 WP(C) NO. 13928 OF 2021

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PETITIONER/PLAINTIFF:

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MUHAMMED SHAH, AGED 63 YEARS, S/O POOLAKKAL KUNJARAMU, EDAKODE, PAVUKONAM DESOM, KOTHAKURUSSI AMSOM, OTAPALAM TALUK, PALAKKAD DISTRICT.

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BY ADVS. P.JAYARAM GIGI PAPPACHAN SARATH CHANDRAN K.B.

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RESPONDENTS/DEFENDANTS:

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1 THE LAND TRIBUNAL APPELLATE AUTHORITY THRISSUR-680 001. (CORRECTED) DEPUTY COLLECTOR AND APPELLATE AUTHORITY (LR), THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

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*(ADDRESS OF R1 CORRECTED AS PER ORDER DATED 14.7.2021 IN IA 2/2021 IN WPC 13928/2021)

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2 VEERAN, S/O CHOLAYIL ALAVI HAJI, PAVUKONAM DESOM, KOTHAKURUSSI AMSOM, P.O, EDAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT-679 522.

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3 MAMMUNNI, S/O CHOLAYIL ALAVI HAJI, PAVUKONAM DESOM, KOTHAKURUSSI AMSOM P.O.EDAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT-679 522.

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4 KANNANOOR MOOPILSTHANAM, (DELETED) OTTAPALAM TALUK, PALAKKAD DISTRICT-679 534.

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(THE FOURTH RESPONDENT IS DELETED FROM THE PARTY ARRAY VIDE ORDER DATED 7.7.2021 IN IA 1/2021, IN WPC-/2021, (FILING NO 13320/21)

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WP(C) NO. 13928 OF 2021

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SMT A C VIDHYA, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13928 OF 2021

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JUDGMENT

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Being aggrieved by the order passed by the Land Tribunal, Ottapalam, in S.M.No.1189 of 2006, the petitioner is stated to have preferred A.A.No.19 of 2019 before the Land Tribunal Appellate Authority, Thrissur as is evident from Ext.P2 appeal memorandum preferred under Section 102 of the Land Reforms Act, 1963. The limited prayer of the petitioner is for a direction to the 1st respondent to expedite the consideration of Ext.P2 with notice to the petitioner and the affected parties and take a decision within a time frame.

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I have heard the learned counsel appearing for the petitioner and the learned Government Pleader.

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Having considered the facts and circumstances and the submissions

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made across the Bar, this writ petition is disposed of directing the 1st respondent to take up Ext.P2 appeal pending before the said authority and finalise the same, with notice to the petitioner and affected parties if any, strictly in accordance with law, expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

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Petitioner shall produce a copy of the writ petition along with this judgment before the 1st respondent to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C) NO. 13928 OF 2021 4

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APPENDIX OF WP(C) 13928/2021

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PETITIONER(S) EXHIBITS

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Exhibit P1 A TRUE COPY OF THE PURCHASE CERTIFICATE NO 107/2007 ISSUED IN S.M. PROCEEDINGS NO 1189/2006 IN THE NAME OF VEERAN AND MAMMUNNI FROM LAND TRIBUNAL, OTTAPALAM. Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.A.NO 19/2019 ON THE FILES OF LAND TRIBUNAL APPELLATE AUTHORITY, THRISSUR FILED BY THE PETITIONER HEREIN AGAINST VEERAN, MAMMUNNI AND ANOTHER IN CHALLENGE OF EXHIBIT P1 PURCHASE CERTIFICATE.

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RESPONDENT(S) EXHIBITS

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NIL

Muhammed Shah v. the Land Tribunal Appellate Authority

Case brief

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Muhammed Shah v. the Land Tribunal Appellate Authority

Case brief

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