2025:KER:28387 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP(C) NO. 404 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN AP NO.96 OF 2023 OF LAND TRIBUNAL, AGALI PETITIONER: BHARAT PETROLEUM CORPORATION LIMITED BHARAT BHAVAN, 4 & 6, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI, MAHARASHTRA, REPRESENTED BY ITS TERRITORY MANAGER., PIN - 400001 BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN NAYANPALLY RAMOLA BHARATH KUMAR V. RESPONDENTS: 1 V.P. MUHAMMED AYOOB S/O. MOHAMMED HAJI, EDAVANNA AMSOM, ERANJIKODE, MALAPPURAM., PIN - 676541 2 ROSY JACOB W/O. JACOB K. JACOB, AGED 57 YEARS, MANAGING PARTNER, MANNARKAD FILLING STATION (CC NO. 116160), RESIDING AT KARIPARAMBIL, PUVYANADAM P.O., MANNARKKAD, PALAKKAD., PIN - 678582 O.P.(C) No.404 of 2025 2 2025:KER:28387 3 THE SPECIAL TAHASILDAR (LT) THE TRIBAL TALUK OFFICE, ATTAPPADI, AGALI P.O. PALAKKAD- 678581 (ADDITIONAL RESPONDENT 3 IS SUO MOTO IMPLEADED VIDE ORDER DATED 18/03/2025) BY ADVS. Nisha George GEORGE POONTHOTTAM (SR.)(K/000570/1979) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C) No.404 of 2025 3 2025:KER:28387 P.M. MANOJ, J ------------------------------ O.P.(C) No.404 of 2025 -------------------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The Original Petition is preferred being aggrieved by the delay occurred in considering Ext.P1 application. 2. In response to that, the learned Government Pleader submitted that, due to the lack of producing a lease deed from the petitioner, the application has not been considered. However, the counsel for the respondents objected to the consideration of the application. Furthermore, they also challenged the maintainability of the Original Petition 3. In these circumstances, considering the limited prayer sought in the writ petition, there will be a direction to the Special Tahsildar(LT), Agali, the additional 3rd respondent, to consider and pass appropriate orders on Ext.P1 application, after considering the objections raised by the party respondents. The Land Tribunal will be free to consider the objection with respect to the maintainability O.P.(C) No.404 of 2025 4 2025:KER:28387 of the petition itself and pass appropriate orders within a period of three months. 4. Prior to making a decision, the Land Tribunal shall issue notice to all the parties and shall schedule the first hearing date in advance. Thereafter, the next hearing date shall be intimated on the day of that hearing. The petitioner is also directed to provide a copy of the application preferred before the Land Tribunal to the party respondents. Needless to clarify sufficient opportunity shall be afforded to both sides during such hearing. The writ petition is disposed of as above. Sd/- P.M.MANOJ JUDGE sss O.P.(C) No.404 of 2025 5 2025:KER:28387 APPENDIX OF OP(C) 404/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION NO. K- 96/2023, DATED 27.04.2023 WHICH REMAINS PENDING BEFORE THE LAND TRIBUNAL, AGALI