Disposed

Sandhiavu v. the Appellate Authority (Land Reforms)

Kerala HC22 Nov 2022WP(C)/14465/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition directing the Appellate Authority to take up pending appeal and stay application and dispose of them within four months, otherwise to hear the stay application.

What did the court decide?

Disposed of the writ petition directing the 1st respondent to take up Ext.P5 and Ext.P6 and pass orders within four months, staying further proceedings under Ext.P4 order.

Sandhiavu Vs the Appellate Authority (Land Reforms) — Land Acquisition | Kerala HC (2022)

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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 T.R.RAVI

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TUESDAY, THE 22^ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944

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WP(C) NO. 14465 OF 2022

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PETITIONERS:

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1 SANDHIAVU AGED 75 YEARS, S/O. ANTHONYMUTHU, EDATHERUVU, MANKAVU, KOPPAM, PALAKKAD- 678001. 2 THOMAS, AGED 55 YEARS, S/O. ANTHONYMUTHU, EDATHERUVU, MANKAVU, KOPPAM, PALAKKAD 678001, REPRESENTED BY POWER OF ATTORNEY HOLDER SANDHIAVU, AGED 75, S/O. ANTHONYMUTHU, EDATHERUVU, MANKAVU, KOPPAM, PALAKKAD 678001.

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BY ADV SRI.SARATH M.S.

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RESPONDENTS:

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1 THE APPELLATE AUTHORITY (LAND REFORMS) THRISSUR, PIN- 680001, CENTRAL POST OFFICE, THRISSUR, PIN : 680001. 2 THE SPECIAL TAHSILDAR(LR), LAND TRIBUNAL, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD - 678001. 3 VILLAGE OFFICER, VILLAGE OFFICE, MARUTHA ROAD, PALAKKAD - 678007. 4 HAJIRA, W/O IBRAHIM, 16/173, NEHRU COLONY, KALMANDAPAM, PALAKKAD - 678013.

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WP(C) NO. 14465 OF 2022

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5	MEENAKSHI, W/O PONNUCHAMI, NERUKAKKAD, KALLEPULLY, PALAKKAD - 678018.
6	SUBRAHMANYAN, S/O PONNUCHAMI, NERUKAKKAD, KALLEPULLY, PALAKKAD - 678018.
7	MANI, S/O PONNUCHAMI, NERUKAKKAD, KALLEPULLY, PALAKKAD - 678018.
8	KRISHNAPRASAD, S/O. RAJAKRISHNA MENON, KRISHNA VIHAR, ELAPPULLY POST, PALAKKAD - 678622.
9	THULASIDAS, S/O. GOPALANUNNI, EKKANANTH HOUSE, PRABATHAM, ELAPULLY POST, PALAKKAD - 678622.
10	NALINI,
	W/O. LATE DAMODHARAN,
	EKKANANTH HOUSE, PRABATHAM, ELAPULLY POST, PALAKKAD - 678622.
11	GEETHA, W/O. JAYAKRISHNA MENON, EKKANANTH HOUSE, PRABATHAM, ELAPULLY POST, PALAKKAD - 678622.
	BY ADVS. SMT.DHANYA P.ASHOKAN SRI.M.R.VENUGOPAL(K/000472/1994) SRI.S. MUHAMMAD ALIKHAN(K/000644/2020)
	SMT. DEEPA. V. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14465 OF 2022

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T.R. RAVI, J.

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W. P. (C). No. 14465 of 2022

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Dated this the 22^nd day of November, 2022

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JUDGMENT

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Even though notice has been issued to the respondents, some of them could not be served. In view of the order that is proposed to be issued, service on the respondents, who have not been served, is dispensed with for the time being.

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The matter relates to proceedings under the Land Reforms Act. Ext.P4 is an order passed by the Land Tribunal, Palakkad which has been taken in appeal in Ext.P5. The appeal is pending as AA 25/2022 before the Appellate Authority, Thrissur. Ext.P6 is an application seeking suspension of Ext.P4 order, pending consideration of the appeal. The prayer in the writ petition is for a direction to the 1st respondent to consider Ext.P6 application.

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In view of the limiter prayer made and as the petitioners have already approached the Appellate Authority, this writ petition is disposed of directing the 1st respondent to take up Exts.P5 & P6 and pass orders thereon after hearing the petitioners and the affected persons. If there is no likelihood of the appeal being disposed of within four months from the date of receipt of a certified copy of

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WP(C) NO. 14465 OF 2022

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this judgment, the 1st respondent shall hear Ext.P6 application for stay and pass orders on the same. Further proceedings pursuant to Ext.P4 order shall remain stayed for a period of four months to facilitate the 1st respondent to either dispose of the appeal itself or the application for stay.

Sd/-

T.R. RAVI

JUDGE

WP(C) NO. 14465 OF 2022

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APPENDIX OF WP(C) 14465/2022

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PETITIONER'S EXHIBITS

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Exhibit	P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 14/1/1998 EXECUTED BY 2ND PETITIONER AND OTHERS IN FAVOUR OF 1ST PETITIONER.
Exhibit	P2 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN C.R.P.(LR) NO.288/2012 DATED 16/7/2012.
Exhibit	P3 TRUE COPY OF THE JUDGMENT OF SPEEDY DISPOSAL OF THE HON'BLE HIGH COURT DATED 1/11/2018 IN WRIT PETITION (C) NO.35708/2018.
Exhibit	P4 TRUE COPY OF THE ORDER OF THE LAND TRIBUNAL, PALAKKAD DATED 9/3/2022 IN 0.A. NO.277/1975 AFTER THE REMAND.
Exhibit	P5 TRUE COPY OF THE APPEAL MEMORANDUM DATED 16/4/2022 IN AA 25/2022 BEFORE THE APPELLATE AUTHORITY, THRISSUR.
Exhibit	P6 TRUE COPY OF THE STAY APPLICATION DATED 16/4/2022 IN AA 25/2022 BEFORE THE APPELLATE AUTHORITY, THRISSUR.

Sandhiavu v. the Appellate Authority (Land Reforms)

Case brief

What is this about?

What did the court decide?

Sandhiavu v. the Appellate Authority (Land Reforms)

Case brief

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