← Library
High Court of KeralaWP(C)/11521/2010disposed of

John Muyyappallil v. The Secretary To The Government And Othe

2015-07-21Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 11521 of 2010 (M) ---------------------------- PETITIONER :

------------------------ JOHN MUYYPPALLIL,S/O.MATHEW, AGED 53 YEARS, AYYAMKUNNU AMSOM, (OLD ARALAM AMSOM), ANGADIKKADAVU P.O., KANNUR DISTRICT.

BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S):

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

1. THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

2. THE TAHSILDAR,THALASSERY.

3. THE LAND TRIBUNAL, KUTHUPARAMBA.

BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.11521/2010 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE INTERIM ORDER DATED 10/02/1998 IN O.P.NO.1999/98. P2 COPY OF THE AMENDMENT ACT 2005 KERALA ACT 21/2006 P3 COPY OF THE JUDGMENT DATED 06/12/2006 IN O.P.NO.1999/1998 OF THIS HON'BLE COURT P4 COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT P5 COPY OF THE ORDER DATED 08/03/2010 IN O.A.NO.46/2007. P6 COPY OF THE NOTICE NO.1443/76/TLB DATED 22/6/2015 RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 11521 of 2010 (M) ------------------------------------------ Dated this the 21st day of July, 2015

J U D G M E N T

The Land Tribunal, Kuthuparamba, disposed of O.A. No.46/2007 for the reason that the original application is not maintainable since no Rules were framed by the Government under Section 106(B) of the Kerala Land Reforms Act, 1964.

2.

The petitioner and the learned Government Pleader submits that now the Rules have been framed. 3.

In such circumstance, Ext.P5 would be set aside and the Land Tribunal, Kuthuparamba will restore O.A. No.46/2007 and examine whether under the Rules the same is maintainable. Status quo order granted in the above writ petition on 5.4.2010 shall continue till the disposal of the matter by the Land Tribunal.

Writ Petition disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj