IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 3268 of 2005(L) ------------------------------------- PETITIONERS: ------------------ 1. KALLIADAN VEETIL PADMANABHAN, S/O.KRISHNAN, PANNIYOOR AMSOM AND DESOM, P.O.PALLIVAYAL, DISTRICT KANNUR. 2. CHALIL KARTHIYAYANI, W/O.NARAYANAN, PANNIYOOR AMSOM AND DESOM, P.O.PALLIVAYAL, DISTRICT KANNUR. 3. MOOLAYIL KUMARAN, S/O.KALLYANI, PANNIYOOR AMSOM AND DESOM, P.O.PALLIVAYAL, DISTRICT KANNUR. BY ADV. SRI.E.V.NAYANAR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. THE VILLAGE OFFICER, KOOVERI VILLAGE, TALIPARAMBA TALUK, DIST. KANNUR. 4. THE KERALA STATE INFRASTRUCTURE DEVELOPMENT CORPORATION(KINFRA), REP. BY ITS MANAGING DIRECTOR, JAGATHY, THIRUVANANTHPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR ADV. SRI.G.S.REGHUNATH -R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).3268/2005-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JENM PURCHASE CERTIFICATE NO.485 OF 1978 ISSUED IN S.M.P. NO.14780 OF 1976 OF THE DEPUTY COLLECTOR LAND TRIBUNAL NO.VII TALIPARAMBA. EXT.P2: COPY OF REGISTERED PARTITION DEED DATED 01/04/2000 BETWEEN THE 1ST PETITIONER AND OTHERS. EXT.P3: COPY OF REVENUE RECEIPT DATED 19/07/03 ISSUED TO THE 1ST PETITIONER BY THE VILLAGE OFFICER KOOVERI. EXT.P4: COPY OF REVENUE RECEIPT DATED 18/07/03 ISSUED TO THE 2ND PETITIONER BY THE VILLAGE OFFICER KOOVERI. EXT.P5: COPY OF JENM PURCHASE CERTIFICATE NO.484/78 IN SMP. NO.14779 OF 1976 OF DY. COLLECTOR LAND TRIBUNAL NO.VI, TALIPARAMBA. EXT.P6: COPY OF REVENUE RECEIPT DATED 18/07/03 ISSUED TO THE 2ND PETITIONER BY THE V.O. KOOVERI. EXT.P7: COPY OF REGISTERED GIFT DEED DATED 19/07/1996 EXECUTED BY MOOLAYIL KALLIANI IN FAVOUR OF THE 3RD PETITIONER. EXT.P8: COPY OF REVENUE RECEIPT DATED 03/07/03 ISSUED TO THE 3RD PETITIONER BY THE V.O. KOOVERI. EXT.P9: COPY OF PROCEEDINGS OF THE TALUK LAND BOARD TALIPARAMBA DATED 28/06/1996 IN TLB.230/73/TBA. EXT.P10: COPY OF ORDER DATED 28/11/1988 OF THIS HONOURABLE COURT IN CRP. NO.598 OF 1988-B. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.3268 of 2005 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ in the nature of prohibition prohibiting the respondents from interfering with the rights of the petitioners over their properties in R.S.No.182/1A1A2 of Kooveri village and exempted from the ceiling case TLB/230/73/TBA as per P9 order of the Taluk Land Board and P10 order of this Hon.Court.” In the order dated 22.3.2006 in C.R.P.No.1707/1997, this court has upheld the findings of the Taluk Land Board. Therefore, the impugned orders are quashed and the writ petition is allowed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.3268 of 2005 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.