A writ petitioner sought disposal of long-pending Suit for Mutation No. 136/1994 before the 1st Respondent Land Tribunal. Considering the protracted delay, the Court directed the Tribunal to finalise the proceedings within six months.
Direction to dispose of Suit for Mutation No. 136/1994 within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945
WP(C) NO. 27964 OF 2020
PETITIONER:
P.V.SUNDARESWARAM
AGED 43 YEARS
S/O.LATE P.S.VISWANATHAN,MUTHIKULAM
DEVASWOM,THUNDIKULAM,NURANI, PALAKKAD.
BY ADVS.
P.R.VENKATESH
SRI.G.KEERTHIVAS
RESPONDENTS:
1 DEPUTY COLLECTOR LAND TRIBUNAL,OTTAPALAM,PALAKKAD-679101.2 M.R.VENKITARAMAN, S/O.RAMASWAMY,MUTHIKULAM,NURANI, PALAKKAD-678004.3 BALASUBRAMANIAN, MUTHIKULAM DEVASWOM,KARYASTHAN, MUTHIKULAM,THUNDIKULAM,NURANI, PALAKKAD-678004.4 REVENUE DIVISIONAL OFFICER, PALAKKAD-678001.5 TAHSILDAR, PALAKKAD-678001. BY ADVS. SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH) SHRI. RAJ CAROLIN V. G.P., SHYLAJA S.L.THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 27964 of 2020 : 2 :
VIJU ABRAHAM , J.
=========================== WP(C) No. 27964 of 2020
============================
Dated this the 15th day of November, 2023
J U D G M E N T
Petitioner has approached this Court seeking a direction to the 1st respondent to dispose of SM Proceedings No. 136/1994.
With the above said direction, the writ petition is disposed of.
Sd/VIJU ABRAHAM JUDGE
sbk/-
WP(C) No. 27964 of 2020 : 3 :
APPENDIX OF WP(C) 27964/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE ORDER OF THE APPELLATE
AUTHORITY (LR),THRISSUR IN AA NO.2/1998
DATED 13.12.2002.
EXHIBIT P2TRUE COPY OF THE JUDGMENT DATED 26.7.2010
IN W.P(C)NO.39948/2003 OF THIS HON'BLE
COURT.
EXHIBIT P3TRUE COPY OF THE EXTRACT OF THE BTR ALONG
WITH SKETCH
EXHIBIT P4TRUE COPY OF THE EXTRACT OF THE PRESENT
BTR.
EXHIBIT P5TRUE COPY OF PETITION SUBMITTED BY
DEVASWOM SUBMITTED DATED 26.11.2007 BEFORE
THE RDO,PALAKKAD.
EXHIBIT P6TRUE COPY OF THE ORDER DATED 26.11.2007
PASSED BY THE RDO.
EXHIBIT P7TRUE COPY OF THE RELEASE DEED NO.2394/1993
OF SRO,PALAKKADS
EXHIBIT P8TRUE COPY OF THE ORDER PASSED IN SM
NO.136/1994 DATED 15.5.1997 ISSUED BY THE
LAND TRIBUNAL,OTTAPALAM.
2 issues framed by the court
Whether the High Court should direct the Land Tribunal to finalise long-pending Suit for Mutation proceedings within a specified time.
Whether the pendency of proceedings without finalisation warrants intervention by the writ jurisdiction.
P.V.SUNDARESWARAM
DEPUTY COLLECTOR LAND TRIBUNAL,OTTAPALAM,PALAKKAD-679101
M.R.VENKITARAMAN,S/O.RAMASWAMY,MUTHIKULAM,NURANI, PALAKKAD-678004
BALASUBRAMANIAN,MUTHIKULAM DEVASWOM
REVENUE DIVISIONAL OFFICER
TAHSILDAR, PALAKKAD-678001
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court