IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35009 of 2008(P) -------------------------- PETITIONER(S): --------------- 1. SARANGADHARA KURUPPU, S/O. RAMAN KUTTY KURUPPU, SREYAS, PERUMANNA.P.O, KOZHIKODE. 2. PADMAVATHY AMMA, W/O. RAMAN KUTTY KURUPPU, SREYAS, PERUMANNA.P.O, KOZHIKODE. 3. N. BHANUMATHY AMMA, W/O. DAMODARAN NAIR, DIVINE, PERUMANNA.P.O, KOZHIKODE BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: --------------- 1. THE TALUK LAND BOARD, KOZHIKODE, REPRESENTED BY ITS CHAIRMAN. 2. THE TAHSILDAR, KOZHIKODE. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.35009 of 2008 -------------------------- Dated this the 28th November, 2008 J U D G M E N T Petitioners claim to be in possession of land in different survey numbers of Peruvayal village. According to them, the said properties have been set apart to them as share as per the final decree in O.S No.329/1987 of the Sub Court, Kozhikode. It seems that the properties claimed by the petitioners forming part of a larger extent of 6.22 acres of land stated to be included in the gift deed executed by the father of the 1st petitioner in favour of one Sri. K.C.Krishnankutty Nair, declarant in Ceiling Case is still pending consideration before the Taluk Land Board, Kozhikkode. Krishnankutty Nair is the son in law of the 2nd petitioner. Petitioner contended that gift deed in favour of the wife of Sri.Krishnankutty Nair will enure in their favour also on the ground that the property concerned is 'Puthravakasam' under Section 48 of the Marumakathayam Act. Petitioners therefore claimed title to the property. Property covered by the gift deed was W.P ( C) No.35009 of 2008 2 also considered by the Taluk Land Board, which passed an order directing the declarant to surrender an extent of 2.79 acres of land. Pursuant thereto, petitioners have filed applications under Section 85 (8) of the Kerala Land Reforms Act, inter alia, on the strength of the allotment of the said property as per the final decree passed in O.S 329/1987. The said applications are pending consideration. 2. In the meanwhile, the legal heirs of the declarant had preferred a revision before this Court as CRP No.1002/2000. The said Civil Revision Petition was dismissed as per Exhibit P1. But the claim of the petitioners was not taken into account and it was left open. Petitioners then filed applications Exhibits P2 to P4 claiming benefit under Section 7E of the Kerala Land Reforms Act. This writ petition has been filed seeking a direction to the Taluk Land Board to consider Exhibits P2 to P4 as also the earlier applications filed under Section 85(8) of the Kerala Land Reforms Act. 3. Learned Government Pleader submits that the claim made by the petitioners or stated to have been made in the applications under Section 85 (8) of the Act is W.P ( C) No.35009 of 2008 3 inconsistent with the present claim made under Exhibits P2 to P4 under Section 7E of the Act. The claim made under Section 7E of the Act will have to acknowledge the title to the property with the declarant and a right on the strength of the assignment of the property from the declarant in favour of the claimants. 4. In my view, it is up to the Taluk Land Board to consider the applications filed by the petitioners under Section 85(8) of the Kerala Land Reforms Act and also the applications claiming the benefit under Section 7E of the Act. The contentions raised by the learned Government Pleader shall also be borne in mind. 5. The writ petition is therefore disposed of directing the 1st respondent to consider Exhibits P2 to P4 along with the applications stated to have been filed by the petitioners earlier under Section 85 (8) of the Kerala Land Reforms Act and pass orders thereon, within six months from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No.35009 of 2008 4 W.P ( C) No.35009 of 2008 5