H SOMANATHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the petitioners/applicants in I.A.No.29 of 2017 in (Appeal Application) A.A.No.50 of 2004 filed before the 2nd respondent/Appellate Authority (Land Reforms), Kannur by contesting respondent No.3. The prayer in I.A.No.29 of 2017 was seeking production of the originals of the registered trust deed bearing No.40/2014 registered before the S.R.O., Hosdurg in the name of Sree Raktheswari Uchitta Devasthanam, minutes book of the said trust from 10.3.2014, the date of constitution of the trust till date and passbook of the accounts in the name of the trust in various banks including that of the Indian Bank, Kanhangad which are in possession of the 3rd respondent.

(2.) The petitioner would urge that the main point for consideration was whether I.A.No.29 of 2017 in A.A.No.50 of 2004 was to be allowed so as to direct the 3rd respondent herein to produce the documents as sought for by the petitioner and that, instead of considering that vital issue, the 2nd respondent/appellate authority has held that the documents of which production as sought for by the petitioner in that I.A. are not required at this stage and that the matter in that I.A. be considered only at the time of final hearing of the main appeal. Accordingly the said I.A. was dismissed as per the impugned Ext.P1 order dated 4.11.2017. It is this order at Ext.P1 dated 4.11.2017 rendered by the 2nd respondent/appellate authority, that is under challenge in this writ petition. The prayers in this writ petition (civil) are as follows:-

(3.) Heard Sri.Bepin Vijayan, learned counsel appearing for the petitioners, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 1 and 2 and Sri.K.Jayesh Mohankumar, learned counsel appearing for respondent No. In the nature of the orders proposed to be passed in this writ petition notice to respondent No.4 will stand dispensed with.