IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 8251 of 2009(B) ------------------------- PETITIONER(S): --------------- PATHU @ PATHUMMA, W/O.LATE MOHAMMED, POLLAKUNNAN HOUSE, THIRUVIZHAMKUNNU, MANNARKAD, PALAKKAD. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------- 1. THE SECRETARY, STATE LAND BOARD, THIRUVANANTHAPURAM. 2. THE TALUK LAND BOARD, MANNARKKAD, CIVIL STATION, PALAKKAD. 3. PARVATHY AMMAL, THEKKEPURAM HOUSE, MANNARKKAD. BY SRI. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the individual notice dated 22.11.1983. Ext.P2: True copy of the judgment dated 16.1.2008 in WP(C)No.30376/2007. Ext.P3: True copy of the judgment dated 14.10.2008 in WP(C) 26306/2008 Ext.P4: True copy of the report dated 6.8.2008 of the Special /Dy. Tahsildar No.II, Land Board, Mannarkad. Ext.P5: True copy of the order in SM 116/77 dated 24.2.2009 of the 2nd respondent. /True copy/ P.A. To Judge V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.8251 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2009 J U D G M E N T Suo motu proceedings were initiated against the 3rd respondent. Petitioner as a person interested claimed right over 9.24 acres in Survey No. 72/5A1 of Kumaramputhur Village. According to the petitioner, final orders in the ceiling case is yet to be passed. Petitioner also claims the benefit under section 7E of the Land Reforms Act. Originally the said claim was rejected on the ground that sec.7E of the Act has not been enforced. This court set aside the order as per Ext P3 judgment and required the Taluk Land Board to pass final orders in SM 116/77 and to consider the petitioner's claim while passing such final orders. The authorised officer then conducted an enquiry and submitted Ext.P4. Taluk Land Board proceeded to again reject the petitioner's claim and passed Ext.P5 order in this regard. Ext. P5 has been challenged in this writ petition. WPC.No.8251 OF 2009 : 2 : 2. Learned counsel for petitioner contended that this court had specifically directed that an order on the petitioner's claim shall be passed in the course of passing final orders in the ceiling case. Further the authorised officer under Ext.P4 had specifically observed that final orders can be passed in the ceiling case. It is Inspite of the above that Ext.P5 order has been passed. 3. I heard the learned Government Pleader also. There is no reason why the petitioners claim under sec.7E should be considered, ahead of passing orders in the ceiling case against the 3rd respondent. The claim under sec.7E of the Act is one of the claims raised by the petitioner. It is only appropriate that the petitioners claim be considered by the Taluk Land Board in the course of passing the final order in the ceiling case against the 3rd respondent. 4. Accordingly Ext.P5 will stand set aside. The second respondent shall pass fresh orders on petitioners claim in relation to land having an extent of 9.25 acres in WPC.No.8251 OF 2009 : 3 : Survey No. 72/5A1 of the Kumaramputhur Village in the course of passing final orders in SM 116/77 on its files. Final orders in the Suo moto case shall be passed within six months from the date of receipt of a copy of the judgment. (V.GIRI, JUDGE) jma