KUTTAPAN Vs. CHELLAMMA

JUDGEMENT

(1.) The Respondent in this writ petition filed an application under S.75(2) of the Land Reforms Act for the purpose of shifting the kudikidappu of the writ petitioner. On the day the application came on for hearing, the writ petitioner herein, (who was the Respondent in the application before the Land Tribunal) was absent. The Tribunal nevertheless heard the petitioner before it, examined the objections which had been filed by the Respondent before it (the writ petitioner); and allowed the application for shifting. The writ petitioner thereupon filed I. A. No. 6 of 1672 to reopen the ex parte decision of the Tribunal on the ground that he had not been heard, and should be afforded an opportunity of substantiating his objections. The application was dismissed by the Tribunal on the ground that it had no jurisdiction to set aside the order already passed, and that the said order was passed on the merits after giving due consideration to all the points raised in the objections. Ext. P2 is a copy of the order of the Tribunal. This writ petition has been filed to quash the same.

(2.) The question debated is whether a Land Tribunal has got the power to set aside an ex parte order passed by it. S.77 which is the relevant section dealing with the disposal of an application to shift the kudikidappu in so far as it is relevant, reads as follows: