Muralidharan Nadar v. Podiyan Nadar Velayudhan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 OP(C).No. 204 of 2015 (O) ------------------------------ (OS 689/1975 of I ADDL.MUNSIFF COURT, NEYYATTINKARA DATED 31-10-2006) (AA 17/2014 of APPELLATE AUTHORITY (LR), ALAPPUZHA) PETITIONER/7TH DECREE HOLDER/7TH PLAINTIFF:

--------------------------------------------------------- MURALIDHARAN NADAR, AGED 86 YEARS, S/O.VELAYUDHAN NADAR, PANNIKUZHIKKALA VEEDU THIRUPURAM DESOM, THIRUPURAM PAKUTHI.

BY ADV. SRI.R.T.PRADEEP RESPONDENTS/DECREE HOLDERS 1 TO 6 & JUDGMENT DEBTORS 1 TO 10/PLAINTIFF 1 TO 6 + DEFENDANTS 1 TO 10:

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

1. PODIYAN NADAR VELAYUDHAN NADAR (EXPIRED) KADAYIVILAKATHU PUTHEN VEEDU ALSO HAVING MATTANTHANNI VEEDU, THIRUPURATHOOR DESOM THIRUPURAM PAKUTHY-695121.

2. GNANASELVAM W/O.VELAYUDHAN NADAR, RESIDING AT -DO- -DO-

3. RETNASWAMI @THANKARAJAN S/O.VELAYUDHAN NADAR, RESIDING AT -DO- -DO-

4. VELAYUDHAN NADAR RAMACHANDRAN RESIDING AT -DO- -DO-

5. JNANASELVAM PADMINI RESIDING AT -DO- -DO-

6. JNANSELVAM BABY RESIDING AT -DO- -DO-

7. KOCHAN BALAKRISHNAN, RESIDING AT PANNIKUZHIKALA VEEDU ALSO HAVING PUNNAKKATTU VEEDU, THIRUPURATHOOR DESOM THIRUPURAM PAKUTHY.

OP(C).No. 204/2015 (O)

8. B.REGHUVARAN MEPPURATHU VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM PAKUTHY.

9. JNANASELVAM INDIRA, KADAYIVILAKATHU VEEDU, THIRUPURATHOOR DESOM THIRUPURAM PAKUTHY-695121

10. JNANASELVAM SUSEELA RESIDING AT -DO- -DO-

11. JNANASELVAM PANKAJAKSHI RESIDING AT -DO- -DO-

12. KUMARI SHEELA VALIYAVILA LEKHA MANDIRAM, PERINGAMALA, KALLOOR DESOM

13. PREBHULLA CHANDRAN RESIDING AT -DO- -DO-

14. GIRI RANI RESIDING AT -DO- -DO-

15. NAYANA THARA RESIDING AT -DO- -DO-

16. UDAYAN RESIDING AT -DO- -DO- THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 204 of 2015 (O) ------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------ EXT P1:TRUE COPY OF JUDGMENT DATED 31.10.2006 IN OS.NO.689/1975 PASSED BY 1ST ADDITIONAL MUNSIFF, NEYYATTINKARA. EXT P2:TRUE COPY OF EP.NO.17/2007 IN OS.NO.689/1975 BEFORE THE COURT OF 1ST ADDITIONAL MUNISFF, NEYYATTINKARA. EXT P3:TRUE COPY OF ORDER DATED 14.03.2007 IN CRP.NO.1274/1993 BY THIS HONOURABLE COURT.

EXT P4;TRUE COPY OF ORDER DATED 27.05.2015 IN OA.NO.102/2013 BY LAND TRIBUNAL, THIRUVANANTHAPURAM.

EXT P5:TRUE COPY OF AA.NO.17/2014 DATED 19.07.2014 BEFORE APPELLATE AUTHORITY (LR) ALAPPUZHA.

EXT P6:TRUE COPY OF NOTICE DATED 07.08.2014 OF AA.NO17/2014. RECEIVED BY PETITITIONER FROM APPELLATE AUTHORITY (LR), ALAPPUZHA.

RESPONDENT(S)' EXHIBITS: NIL ------------------------------- // True Copy // P.A. To Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.204 OF 2015 ------------------------------------------------- Dated this the 23rd day of January, 2015.

J U D G M E N T

The limited prayer in this original petition is for a direction to the Appellate Authority (Land Reforms), Alappuzha to take up A.A.No.17/2014 and dispose of it on merits as expeditiously as possible.

2. In a litigation which began in the year 1975, finality is yet to be achieved in the light of various proceedings and the latest being the one referred to above.

3. The petitioner points out that even though he was able to get favourable orders from various authorities, he could not enjoy the fruits of the order due to the pendency of the appeal. It is pointed out that service is complete and the appeal is ripe for trial. The petitioner prays that there may be a direction to the Appellate Authority (Land Reforms), Alappuzha to dispose of the appeal.

O.P.(C) No.204/2015

4. In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary. This original petition is disposed of directing the Appellate Authority (Land Reforms), Alappuzha to take up A.A.No.17/2014 provided all steps are complete and dispose of it on merits and in accordance with law as early as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.

Sd/- P.BHAVADASAN JUDGE smp

O.P.(C) No.204/2015