IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 OP.No. 28428 of 2000(H) ----------------------- PETITIONER: ---------- 1. A.K.RUGMINI, W/O.VIJAYA KURUP, THARACHANDIYIL HOUSE, VALIYARA P.O., KEEZHOOR, KANNUR. 2. SATHIDEVI A.K., W/O.RAMACHANDRAN, RESIDING AT -DO- -DO- 3. SANTHAKUMARI A.K., W/O.RAJAN, -DO- -DO- BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ----------- 1. THE TALUK LAND BOARD, THALASSERY. 2. THE SPECIAL DEPUTY TAHSILDAR II, TALIPARAMBA. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 4. KAMALAKSHI AMMA, W/O.KUNHIRAMANL NAMBIAR, SUJATHA NIVAS, CHAVASSERY P.O., KANNUR. 5. PARUKUTTY, W/O.GOPINATHAN NAMBIAR, KEEZHOOR P.O., XANADU, KANNUR. 6. KARTHIYANI A.K., W/O.GOVINDAN NAMBIAR, SREENILAYAM, CHENNALOLDE, PAYAM P.O., KANNUR. 7. JANAKI A.K., W/O.KUTTIAPPA NAMBIAR, THARACHANDIYIL HOUSE,VALLIYAD, KEEZHOOR P.O., KANNUR. 8. PARUKUTTY AMMA, LEGAL REP.N OF RAMAKRISHNAN (SON) (DIED). RESIDING -DO- -DO- 9. MADHAVAN A.K., ANANTHOTH HOUSE, EDAKKANAM, KEEZHOOR P.O. KANNUR. -2- 10. MOHANAN A.K., RESIDING -DO- DO 11. NARAYANAN A.K., THARACHANDIYIL HOUSE, VALLIYAD, KEEZHOOR P.O., KANNUR. BY GOVERNMENT PLEADER SRI M.R.SABU FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.28428/2000 ORDER ON CMP.NO.47828/2000 IN OP.NO.28428/2000 ----------- Dismissed 27/5/2008 Sd/- P.R.RAMAN, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER OF THE IST RESPONDENT DTD. 21/4/19883. EXT.P2 TRUE COPY OF THE REPORT FILED BY THE 2ND RESPONDENT's DTD.6/6/92. EXT.P3 TRUE COPY OF THE DECREE IN O.S.1359/1958 BEFORE THE MUNSIFF'S COURT, KOOTHUPARAMBA. EXT.P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT DTD. 15/9/2000. EXT.P5 TRUE COPY OF THE NOTICE ISSUED BY THE LAND BOARD, THALASSERY DTD. 19/9/2000. P.R.RAMAN, J. --------------------------- O.P.No.28428 OF 2000 ---------------------------- Dated this the 27th day of May, 2008 JUDGMENT Petitioners are legal representatives of the original declarant in a ceiling case. The Taluk Land Board directed the declarant, the father of the petitioners, to surrender 11.08 1/2 acres of land. Petitioners have got a case that such extent is not liable to be surrendered and that they were not heard in the matter. Father is no more. Hence, they filed an application Ext.P4 for reopening of the case. Notice was issued on Ext.P4 as evidenced by Ext.P5. But since no stay was granted, the petitioners have approached this Court for stay of further proceeding till Ext.P4 is considered and disposed of. This Court granted stay of further proceedings. The last of the order passed on 5/4/2001 shows that interim stay was extended until further orders. A counter affidavit is filed on behalf of respondents 1 to 3 stating that Ext.P4 is filed belatedly and hence it has been rejected. But the order rejecting Ext.P4 is not produced along with the counter affidavit. Learned Government pleader was specifically asked whether any such order is seen in his file to which he submitted that no such order is seen in the file. In -2- O.P.No.28428/2000 the absence of the order produced along with the counter affidavit, it cannot be said that such an order was passed and communicated to the petitioner. 2. In the circumstances, there will be a direction to the Taluk Land Board to consider and dispose of Ext.P4 and to communicate the order to the petitioners. Till then the stay granted by this Court will continue. Original Petition is disposed of as above. P.R.RAMAN, Judge. kcv.