IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35759 of 2010(T) -------------------------- PETITIONER: --------------- DAKSHAYANI, AGED 60 YEARS, W/O. RAJAN, PALLERI HOUSE, KOTTANAD-679 533, PALAKKAD DISTRICT. BY ADVS. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-1. 2. TALUK LAND BOARD, OTTAPALAM, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER, OTTAPALAM -679101. 3. TALUK TAHSILDAR, OTTAPALAM TALUK, OTTAPALAM-679101. 4. VILLAGE OFFICER THIRUMUTTAKKODE I VILLAGE, THIRUMITTAKODE.P.O, PIN - 679 539, OTTAPALAM TALUK. BY GOVERNMENT PLEADER, SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 35759 of 2010 T ``````````````````````````````````````````````````````` Dated this the 30th day of November, 2010 J U D G M E N T According to the petitioner, she is the owner in possession of 2.22 acres of land in survey No.252/2 of Thirumittakkode I village. Petitioner traces her title to document No.706/1958 executed by the jenmi of the property. It is stated that, proceedings were initiated by the Taluk Land Board against the jenmi who executed the aforesaid document and finally order was passed, holding that the land in question is an excess land. It is stated that order was confirmed by this Court in CRP No.1094/2000 by order dated 23-03-2000. Petitioner submits that coming to know of the aforesaid proceedings, she filed an application under Section 85(8) of the Kerala Land Reforms Act, copy of which is Ext.P6. Although the said application is pending, the Deputy Collector (Land Reforms) has issued Ext.P7 proceedings proposing to assign the land to strangers. In view of Ext.P7, W.P.(C) No.35759/10 : 2 : petitioner apprehends that she will be dispossessed of the land during the pendency of Ext.P6 application. With this grievance, this writ petition is filed. 2. Since Ext.P6 application filed under Section 85(8) is pending, steps taken for implementing the decision of the Taluk Land Board which was confirmed by this Court, is premature. In that view of the matter, I direct the Taluk Land Board to consider and pass orders on Ext.P6, with notice to the parties and until then, not to take any further action to dispossess the petitioner from the land in her possession. 3. Petitioner to produce a copy of this judgment and writ petition before respondents 2 and 3 for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge