IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 27650 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. V.P.ABDUL JABBAR, S/O.V.K.PAREETH, VATTAKKAYAM,NADAKKAL.P.O., ERATTUPETTA, KOTTAYAM DISTRICT. 2. PATHUMMA,D/O.V.K.PAREETH, VATTAKKAYAM,NADAKKAL.P.O., ERATTUPETTA, KOTTAYAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. THE TALUK LAND BOARD,MANNARKKAD, PALAKKAD DISTRICT. 2. THE TAHSILDAR,MANNARKKAD TALUK, PALAKKAD DISTRICT. 3. THE VILLAGE OFFICER, PALAKKAYAM VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 4. THE DISTRICT COLLECTOR, PALAKKAD. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 27650/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT IN O.P.No. 5588/88 OF THIS COURT. P2. -DO- O.P.No.3058/96. P3. -DO- O.P.No. 8792/97. P4. COPY OF THE ORDER DTD.17.10.06 BY R3. P5. COPY OF THE PETITION DTD.6.1.07. P6. COPY OF THE JUDGMENT IN W.P.(C).No. 34012/07 OF THIS COURT. P7. COPY OF THE ORDER DTD.29.7.08 BY R4. P8. COPY OF THE MAHAZAR. P9. COPY OF THE PETITION DTD.5.6.09 BEFORE R4. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 27650 of 2009 ================== Dated this the 8th day of June, 2010 J U D G M E N T The petitioners' father was a declarant under the ceiling provisions of the Kerala Land Reforms Act. The extent to be surrendered by the petitioners' father was fixed and taken possession of. Years thereafter, fresh proceedings were initiated to take possession of some of the exempted area, which was the subject matter of three writ petitions, in which, direction was given one after another to consider the compliant of the petitioners' father. But nothing was done. Again this Court intervened and directed the District Collector to consider the complaint, pursuant to which, the District Collector issued an order to the petitioners' father to surrender 20-odd cents more, which was also surrendered. The petitioners' grievance in this writ petition is that even after surrender, mutation in respect of the balance property was not effected as requested for by the petitioners and possession certificate is not being issued to the petitioners. It is under the above circumstances, the petitioners have filed this writ petition seeking the following relief: “Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to effect mutation of the properties of the petitioners in Palakkayam Village and also issue the possession Certificate to the petitioner in respect of the properties held by the w.p.c.27650/09 2 petitioner in Palakkayam Village.” 2. The learned Government Pleader, on instructions, submits that if the petitioners have surrendered the land as now determined by the District Collector, there cannot be any difficulty for effecting mutation and issuing possession certificate. 3. In the above circumstances, this writ petition is disposed of with the following directions;' The 2nd respondent shall see that the mutation is effected in respect of the balance property allowed to be retained by the petitioners as per the ceiling order and issue possession certificate thereof, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge