IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 OP.No. 11358 of 1999(B) ----------------------- PETITIONER(S): --------------- CHANDRAN, S/O.CHINNAN, PULAMBANKODE, KUNISSERY, ALATHUR. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE TALUK LAND BOARD, ALATHUR. 2. THE TAHSILDAR, ALATHUR. 3. THE VILLAGE OFFICER, KUNISSERY, ALATHUR. 4. STATE OF KERALA, REP. BY THE SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.ARAVINDAKUMAR BABU.T.K. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 11358/99. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPLICATION DTD.8.7.98 BEFORE R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 11358 of 1999 ================== Dated this the 24th day of November, 2009 J U D G M E N T The petitioner claims to be the son and legal heir of one Chinnan, who is no more. The petitioner inherited 1.39 acres of land in Re- survey No.345/26 of Alathur Taluk from Chinnan. On coming to know that the said property has been included as excess land to be surrendered by one Madhavan in ceiling case No.24/1979 of Taluk Land Board, Alathur, the petitioner filed Ext.P1 application under Section 85(8) of the Kerala Land Reforms Act. The petitioner's grievance is that without passing orders on Ext.P1 application, proceedings have been initiated for recovery of possession of that property from the petitioner. It is under the above circumstances, the petitioner has filed this original petition seeking the following reliefs; “i) Issue a writ of mandamus or appropriate writ, order or direction to consider Ext.P1 filed by the petitioner before the 1st respondent. ii) to grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.” 2. The learned Government Pleader would submit that on enquiry it was found that in a partition in the family of the properties of the said Madhavan, in respect of which, ceiling case No.24/79 was initiated, the property possessed by the petitioner was included in the share of Madhavan. As such, it forms part of the properties included in O.P.11358/99 2 the ceiling case of Madhavan. However, it is admitted before me that no orders have been passed on Ext.P1. I am of opinion that before passing further orders in the matter, the Taluk Land Board has a duty to consider and pass orders on Ext.P1 after affording an opportunity of being heard to the petitioner. 3. In the above circumstances, this original petition is disposed of with a direction to the 1st respondent to complete the proceedings on Ext.P1 after affording an opportunity of being heard to the petitioner, which shall include opportunity to adduce evidence also, before proceeding further against the property which is in the possession of the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 11358 of 1999-B ================== 24th November, 2009 J U D G M E N T