This writ petition is filed challenging the order passed by the Munnar Special Tribunal. The petitioner was a plaintiff in O.S.No.159/2003 on the file of the Munsiff's Court, Devikulam. The suit was decreed. The State carried the decree in appeal. On constitution of the Tribunal, the case was transferred to Munnar Tribunal. The Munnar Tribunal noting that the third respondent is dead and no legal heirs have come forward to proceed the suit in time, dismissed the original petition. It is to be noted that the plaintiffs were the respondents before the Tribunal as the suit was decreed in their favour. The District Court transmitted the appeal to the Tribunal. By virtue of the impugned order, the suit filed by the plaintiffs has been dismissed. The question that would arise is whether the appeal can be transferred to the Tribunal for determination of the issues.
2. Section 4 of the Munnar Special Tribunal Act, 2010 reads as follows:
“Notwithstanding anything contained in any other law for the time being in force or order, decree or judgment, all disputes in respect of Munnar area pending before any Court or any other authority except the High Court and the Supreme Court shall stand transferred to the Tribunal immediately on the constitution of the Tribunal under this Act.”
3. It is stated in Section 4 of the Munnar Special Tribunal Act that all disputes in respect of Munnar area pending before any Court or any other authority except the High Court and the Supreme Court shall stand transferred to the Tribunal. Therefore, the appeal is also capable to be decided by the Tribunal. However, the appeal transmitted has to be tried as original suit notwithstanding a decree. The decree already rendered, therefore, will become redundant.
In view of the over riding effect of Section 4 of the Munnar Tribunal Act, the appeal is transmitted. When the appeal is transmitted from any appellate court, the parties shall proceed with the proceedings as though in the original position. This would enable the parties to proceed and to take steps in accordance with the procedure in the proceedings. Therefore, the defendants who filed the appeal shall stand be transposed as the defendants in the proceedings before the Tribunal. The proceedings shall be concluded before the Tribunal based on the status of the parties in the original suit. Thus, the Tribunal shall in all pending matters transpose the parties as in the original status in all appeals that have been transmitted to it. The anomaly that occurred in the proceedings leading to the impugned order could have been avoided by the Tribunal if the above procedure is followed. Accordingly, the impugned order is set aside. The petitioner/plaintiff shall be given sufficient time to take steps by the Tribunal. The petitioner shall appear before the Tribunal on 9.1.2015. The registry shall communicate this judgment to the Tribunal to follow the direction as mandated above.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln