IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 6598 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------- P.G.SIVADASAN,S/O.GOPALAKRISHNAN, RESIDING AT PULIKULAM HOUSE,PALLATHERI.PO, PALAKKAD-678 007. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, MR.T.C.SURESH MENON, MR.JIBU P THOMAS, MR.P.S.APPU, MR.A.R.NIMOD, MR.C.A.ANOOP. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TALUK LAND BOARD,PALAKKAD,REPRESENTED BY ITS CHAIRMAN. 3. THE DISTRICT COLLECTOR,COLLECTORATE, PALAKKAD. 4. THE TAHSILDAR, TALUK OFFICE, PALAKKAD. R1 TO R4 BY GOVERNMENT PLEADER MR. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6598/2009 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN C.R.P.NO.1042/2000 ON THE FILE OF THIS HON'BLE COURT DTD. 13/11/2006. P2: COYP OF THE ORDER IN SL.P.(C) NO.5929/2007 ON THE FILE OF THE SUPREME COURT OF INDIA DTD. 9/04/2007. P3: COPY OF THE ORDER PASSED IN S.M.1573/1983 ON THE FILE OF THE TALUK LAND BOARD, PALAKKAD DTD. 31/07/2008. P4: COPY OF THE LETTER OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT DTD. 8/09/2008. P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DTD. 24/10/2008. P6: COPY OF THE LETTER OF THE THIRD RESPONDENT DTD.27/11/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 6598 of 2009 -------------------------- Dated this the 7th August,2009 J U D G M E N T Proceedings were initiated under the Land Reforms Act against the legal heirs of late P.A Gopalakrishnan. The Taluk Land Board, Palakkad by order dated 23.2.2000 in S.M 1573/1983 directed the legal heirs to surrender 2.41 acres of land as an excess land . The said order was challenged by the petitioner and his mother and brother in C.R.P.1042/2000 and the Civil Revision Petition was allowed as per Ext.P1 order. In the meanwhile, the Tahasildar has taken possession of the said land , pursuant to the order passed by the Taluk Land Board. An appeal filed by the State against the order of this Court was dismissed as per Ext.P2. Petitioner has sought for restoration of possession and this writ petition has been filed seeking appropriate direction in relation to the same. 2. Heard learned Government Pleader also. 3. Since Ext.P1 order passed by this Court has become final, the land taken possession of from the W.P ( C) No. 6598 of 2009 2 petitioner and other legal heirs of late P.A Gopalakrishnan, pursuant to the order passed by the Taluk Land Board which was set aside by this Court in Ext.P1 shall be restored, as early as possible, to the petitioner and other legal heirs of late P.A Gopalakrishnan, at any rate, within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 6598 of 2009 3 W.P ( C) No. 6598 of 2009 4