IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4650 of 2009(C) CR.902/1973 OF TALUK LAND BOARD, ERNAD PETITIONERS: 1. THAZHATH PALLIYALI AHAMEDKUTTY, S/O. BEERANKUTTY, PALLIYALIL HOUSE, POST VALIYAPARAMBU, ANTHIYOORKUNNU, PULIKKAL VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT. 2. K.P.ABDULLAKOYA, S/O. AHAMMEDKUTTY, PERINCHEERI HOUSE, POST VALIYAPARAMBU, -DO- -DO-. 3. K.P.MOOSA, S/O. ABDU, -DO- -DO-. 4. P.V.MOHAMMED, S/O. MOHAMED MOYIN, PATHRATHODI HOUSE, -DO- -DO-. BY ADV. SMT.K.A.SANJEETHA SRI.P.VENUGOPAL RESPONDENTS : 1. KUDUKKIL CHAMBATT YOOOSUF HAJI, PULIKKAL VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT 2. THE TALUK LAND BOARD, ERNAD, REPRESENTED BY IT'S CHAIRMAN. GOVERNMENT PLEADER SMT. LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4650 OF 2009 C ------------------------------------------------------ Dated this the 12th February, 2009 JUDGMENT The petitioners state that in C.R.No.902 of 1973, on the file of the Taluk Land Board, Ernad, Yoosuf Haji, the declarant was directed to surrender excess land. The petitioners are not parties before the Taluk Land Board. They filed Ext.P1 application under Section 85(8) of the Kerala Land Reforms Act, contending inter alia as follows: The property having a total extent of 11.90 Acres in old survey number 104/2, 105/1,2, 106/1, 107/1,2 (new survey number 180 of Block No.8) of Pulikkal Village, originally belonged to Vengalil Raman Menon, who assigned the same to Komu Moideen Haji. Komu Moideen Haji died and the property devolved on his legal representatives including the petitioners and the declarant. It is contended that the declarant has only a fractional interest in the aforesaid property and he would be entitled to only 1.75 Acres of land. But the Taluk Land Board took into account the entire extent as belonging to the declarant. According to the petitioners, the Taluk Land Board was not justified in including the land belonging to the W.P.(C) NO. 4650 OF 2009 :: 2 :: petitioners in the ceiling account of the declarant. Along with Ext.P1 claim petition, the petitioners filed Ext.P2 stay petition. Exts.P1 and P2 are pending before the Taluk Land Board, Ernad. It is alleged that at the same time steps are being taken to take possession of the land in question. The petitioners contend that if possession is taken pending disposal of the claim petition, they would be put to great prejudice and injury. 2. The relief prayed for by the petitioners is to issue a direction to the Taluk Land Board, Ernad to consider and pass orders on Exts.P1 and P2 in accordance with law and pending disposal of the applications not to dispossess them. Learned Government Pleader submitted that the Taluk Land Board will dispose of the applications in accordance with law. Accordingly, the Writ Petition is disposed of as follows: a) The Taluk Land Board, Ernad shall consider and dispose of Exts.P1 and P2 applications in accordance with law, after affording an opportunity of being heard to the petitioners, the declarant and any other affected party. W.P.(C) NO. 4650 OF 2009 :: 3 :: b) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Taluk Land Board. c) The petitioners shall send a copy of the Writ Petition and a copy of the judgment to the first respondent (declarant) by registered post and shall produce proof of the same before the Taluk Land Board. d) Till the Taluk Land Board disposes of Exts.P1 and P2 applications, the petitioners shall not be dispossessed of the lands claimed by them in Ext.P1 claim petition. (K.T.SANKARAN) Judge ahz/