WP(C) NO. 9710 OF 2017 1 2025:KER:29769 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 9710 OF 2017 PETITIONER: ANNIE ROBERT AGED 70 YEARS, W/O ROBERT JAMES MATHEWS, POONADATH HOUSE, KATHERI AMSOM AND DESOM, EAST NADAKKAVU, ERANJIPALAM P.O., KOZHIKODE DISTRICT 673 006. BY ADVS. SRI.VINOD SINGH CHERIYAN SRI.T.M.KHALID SMT.M.MANJU SMT.V.MIMITA SRI.R.SUDHISH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2 THE LAND TRIBUNAL KOZHIKODE, CIVIL STATION P.O., KOZHIKODE-673 020. 3 JOSEPH MANI AGED 58 YEARS, S/O LATE MANUEL ABRAHAM, POONADATH PARAMB, EAST NADAKKAVU, ERANHIPALAM, KOZHIKODE-673 006. 4 PUSHPA AGED 56 YEARS, W/O LATE THIMOTHI SADANADAN, POONADATH PARAMB, EAST NADAKKAVU, ERANHIPALAM, KOZHIKODE-673 006. WP(C) NO. 9710 OF 2017 2 2025:KER:29769 5 ASHELY MANUEL AGED 25 YEARS, S/O LATE THIMOTHI SADANADAN, POONADATH PARAMB, EAST NADAKKAVU, ERANHIPALAM,KOZHIKODE-673 006. BY ADV SMT.PREETHY R. NAIR OTHER PRESENT: SRI.DHEERAJ A.S. ,GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9710 OF 2017 3 2025:KER:29769 MOHAMMED NIAS C.P., J. ............................................................ W.P(C) No.9710 of 2017 ............................................................ Dated this the 07th day of April, 2025 J U D G M E N T The writ petition is filed challenging all further proceedings in O.A.No.829/1999 filed before the Land Tribunal, Kozhikode, by respondents 3 to 5. The petitioner contends that the respondents' predecessor had already obtained a purchase certificate, and therefore, they cannot claim Karaima rights. It is also stated that by the judgment of this Court in Ratna Bai v. State of Kerala 2024 (1) KLT 632, the Kerala Land Reforms Act (Amendment Act 1999) (for short the Act) was declared unconstitutional. 2. It is not disputed that respondents 3 to 5 claim rights under the Act, which has been struck down as unconstitutional. 3. Given the above, the writ petition is only to be allowed. O.A. No. 829/1999 and all further proceedings pending WP(C) NO. 9710 OF 2017 4 2025:KER:29769 before the respondent No.2 Land Tribunal, Kozhikode, are quashed. The writ petition is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE Anu WP(C) NO. 9710 OF 2017 5 2025:KER:29769 APPENDIX OF WP(C) 9710/2017 PETITIONER EXHIBITS : EXHIBIT P1 COPY OF THE PURCHASE CERTIFICATE NO. 23/1973 IN OA NO. 448/1971 OF LAND TRIBUNAL-II, KOZHIKODE DATED 04/08/1973. EXHIBIT P2 COPY OF THE APPLICATION IN OA 555/1990 OF LAND TRIBUNAL, KOZHIKODE DATED 31/10/1990. EXHIBIT P3 COPY OF THE APPLICATION IN OA 829/1999 OF LAND TRIBUNAL, KOZHIKODE DATED 03/08/1999.