RAJAGOPALAN.K. Vs. LAND TRIBUNAL, OTTAPALAM

JUDGEMENT

(1.) The prayers in this writ petition (civil) are as follows:-

(2.) Heard Sri.P.R.Venkatesh, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondent No.1. In the nature of the orders proposed to be passed in this petition, notice to contesting respondent No.2 will stand dispensed with.

(3.) It is stated that the petitioners and others had approached this Court earlier by filing a writ petition (civil) as W.P.(C)No.33720 of 2015 which this Court had disposed of as per Ext.P3 judgment dated 14.1.2016 whereby the Tahsildar concerned was directed to receive land tax from the petitioners in respect of the land in question. Pursuant thereto, the Village Officer had received the land tax by Ext.P5. But the competent revenue authorities concerned are now not effecting mutation of the said property on the ground that the matter has not attained finality before the Land Tribunal, Ottapalam where O.A.No.277 of 1975, Palakkad, is pending. It is stated that the said O.A. is now on the file of the first respondent (Land Tribunal, Ottapalam). In this regard it is stated that earlier purchase certificate was issued to the petitioners as per Ext.P1 proceedings dated 19.9.1977 rendered by the Land Tribunal, Palakkad, which was challenged by contesting respondent No.2 herein by filing Appeal Application, A.A.No.27 of 2003 before the Appellate Authority (Land Reforms), Thrissur. The said Appellate Authority as per Ext.P2 order dated 20.4.2012 had disposed of A.A.No.27 of 2003 by setting aside the impugned order in O.A.No.277 of 1975 and had remanded the said O.A. to the Land Tribunal concerned for disposal afresh. The petitioners are the assignees in respect of the property in question from the applicant in Ext.P1 O.A.No.277 of 1975. The afore-said predecessor- in-interest of the petitioners had filed C.R.P. (LR)No.288 of 2012 before this Court to challenge the legality and correctness of Ext.P2 appellate order dated 20.4.2012. This Court as per Ext.P4 judgment dated 16.7.2012 had disposed of the said C.R.P. by observing in para.8 thereof that the Land Tribunal concerned consequent to the remit will have to ascertain as to what exactly in the total extent is available in Sy.No.6/5 and whether the two certificates of purchase are relating to the same land. Subject to these directions this Court has upheld the order of remit made by the Appellate Authority as per Ext.P2. It is thereafter that the petitioners were constrained to approach this Court by filing W.P.(C)No.33720 of 2015 in which this Court had rendered Ext.P3 judgment dated 14.1.2016 directing the Revenue Authorities concerned to accept land tax from the petitioners. The main grievance of the petitioners is that, though the remit has been made by the Appellate Authority as per Ext.P2 as early as on 20.4.2012 which in turn has been confirmed by Ext.P4 judgment rendered as early as on 16.7.2012, till date the Land Tribunal concerned has not finally disposed of the above said remitted O.A.