IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 24960 of 2010(O) -------------------------- TLB.228/1973 of TALUK LAND BOARD, KANNUR .................... PETITIONER: --------------- ROSE MARY XAVIER,W/O.LATE XAVIER JOSEPH, ELANJIKKAL HOUSE,PO KOZHIPPALLY,KOTHAMANGALAM. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.SAJU.S.A SRI.K.C.KIRAN RESPONDENTS: --------------- 1. TALUK LAND BOARD,REPRESENTED BY ITS CHAIRMAN,THALIPARAMBA AT KANNUR, KANNUR DISTRICT, PIN 670 001. 2. SILVIYA FRANCIS,W/O.DR.C.M.FRANCIS, CHALISSERRY HOUSE, THRISSUR KARA, THRISSUR VILLAGE THRISSUR DISTRICT, PIN 680 001,NOW RESIDING AT VENKATESWARA LAYOUT, I MAIN , 4TH CROSS,S.G.PALYA, BANGALORE-560 029. 3. TAHSILDAR,KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN 686 691. GOVERNMENT PLEADER: ADV. SRI. M. L. SAJEEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.24960 of 2010 --------------------------------------- Dated this 11th day of August, 2010 JUDGMENT Learned Government Pleader takes notice for respondent Nos.1 and 3. In the nature of the order I propose to pass notice to respondent No.2 is dispensed with. 2. Petitioner, claiming title and possession of the disputed property as per assignment deed dated 15-02-2005 executed by the declarant filed Ext.P2, application under Section 85(8) of the Kerala Land Reforms Act (for short, “the Act”) claiming protection under Section 7E of the said Act concerning property covered by that assignment deed. She moved Ext.P3, application for stay of further proceedings pursuant to the order passed in the ceiling case against the declarant. Grievance of petitioner is that Exts.P2 and P3, applications have not been considered by the Taluk Land Board, Taliparamaba (for short, “the TLB”) and instead, it is attempting to dispossess petitioner from the property referred to in the sale deed dated 15-02-2005. Learned Senior Advocate contends that under Section 85(8) of the Act petitioner is entitled to get exemption of her land from the land liable to be surrendered by the declarant. I have heard learned Government Pleader also in this W.P.C.No.24960 of 2010 : 2 : regard. 3. If Exts.P2 and P3, applications are pending before the TLB the same are to be disposed of. The parties are also to maintain status quo as regards possession of the property claimed by petitioner. Resultantly this writ petition is disposed of directing respondent No.1 to dispose of Exts.P2 and P3, applications at the earliest. I also direct that if petitioner is in possession of the property referred to in her title deed dated 15-02-2005 she shall not be dispossessed until Ext.P2, application is disposed of. Writ petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-