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High Court of KeralaOP(C)/3046/2015disposed of

K.P.Sulochana v. N.Jayanandan

2015-12-14Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 OP(C).No. 3046 of 2015 (O) --------------------------- A.A. 16/2015 OF APPEALLATE AUTHORITY (LR), KANNUR ----------- PETITIONER :

----------------- K.P. SULOCHANA, AGED 72 YEARS, W/O.GANGADHARAN, RESIDING AT SUVASA, KUNNAMANGALAM, KOZHIKODE.

BY ADVS.SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS :

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

1. N.JAYANANDAN S/O. SANKARAN, RESIDING AT IYYARAMBIL HOUSE, KUNNAMANGALAM, KOZHIKODE-673 571.

2. THE APPELLATE AUTHORITY (LR) CIVIL STATION, KANNUR-670 002.

3. THE LAND TRIBUNAL KOZHIKODE, POST CIVIL STATION, CALICUT-673 020. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

OP(C).No. 3046 of 2015 (O) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE ORDER OF THE LAND TRIBUNAL, KOZHIKODE IN I.A.854/14 AND 855/14 IN RC 2/13 DATED 23.3.2015. P2:- TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.A.16/15. P3:- TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF THE APPLICATION. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.3046 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2015

J U D G M E N T

Petitioner in this OP is the petitioner in RCP 62 of 2011 filed against the first respondent for eviction. The latter pleaded 'kudikidappu' right. The matter was referred to Land Tribunal. Special revenue inspector filed a report in the Land Tribunal to the effect that the construction was made about twenty years ago and the value of construction was Rs.60,000/- (Rupees sixty thousand only) The first respondent filed IA 854 of 2014 challenging the report. The Land Tribunal dismissed it by Ext.P1 order. The first respondent has challenged it in A.A 16 of 2015 of Appellate Authority (LR), Kannur. The prayer in this OP is to direct the appellate authority to dispose it of without delay.

2.

Heard.

3.

The learned counsel for the petitioner submits that the appeal before the appellate authority is not maintainable. It is a matter to be agitated before the appellate authority. The appellate authority should dispose

O.P.(C)No.3046 of 2015 of the matter at least within one month from the date of receipt or production of a copy of this judgment. In the result, this OP is disposed of with a direction to the appellate authority to dispose of the appeal within one month from the date of receipt or production of a copy of this judgment.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge