IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 32407 of 2003(G) ----------------------------------- PETITIONER(S): ---------------------- 1. K.CHATHU, S/O.KANDARAMAN. 2. V.KRISHNANKUTTY, S/O.VELAYI. 3. RAJAN, S/O .AYYAVU. 4. A.GANGADHARAN, S/O. APPUKUTTAN. 5. C.MUTHU. ALL RESIDING AT ANNANTHODU, NALLEPPILLY PO., CHITTUR, PALAKKAD. BY ADVS. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): ---------------------------- 1. THE REVENUE DIVISIONAL OFFICER,PALAKKAD. 2. THE VILLAGE OFFICER, NALLEPPILLY, PALAKKAD. BY GOVT. PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32407/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN CMP. 5023/00 CRP. 2496/00 DTD. 23.11.00. P2:- COPY OF THE NOTICE BEARING REF. NO.2084/2001 DTD. 2.9.03. P3:- COPY OF THE NOTICE BEARING REF. NO.2085/2001 DTD. 2.9.03. P4:- COPY OF THE NOTICE BEARING REF. NO.2083/2001 DTD. 2.9.03. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.32407 Of 2003 ----------------------------------------------------- DATED THIS THE 23rd DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner challenges Exhibits P2 to P4 notices issued by the 1st respondent under the Kerala Land Conservancy Act. 2. It is the case of the petitioner that the proceedings of the Taluk Land Board dated 14.6.2000 culminated in a direction to the declarant to surrender 6.29 Acres of land. It is pointed out that the claim of the petitioners under Section 85(8) of the Land Reforms Act was not considered. Thereafter, the first petitioner and predecessors in interest filed C.R.P.No.2496/2000 wherein Exhibit P1 order of stay was granted by this Court. 3. The learned counsel for the petitioner submitted that the CRP was disposed of by order dated 5.7.2006, wherein the whole matter has been remanded for fresh consideration by the Land Board. 4. In that view of the matter, as the Land Board is in seizin of the matter, notices Exhibits P2 to P4 cannot survive. The Writ Petition is allowed, quashing Exhibits P2 to P4. Depending upon the final decision of the Land Board alone, W.P.(C)No.32407/03 -2- further proceedings, if any, can be taken against the petitioners. With the above observation, the Writ Petition is disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge