IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 5751 of 2010(T) ------------------------------------ PETITIONER: ------------------- BEEVIKUTTY UMMA,AGD 5O YEARS, W/O.ABDULLA,KAROOTT VALAPPIL,POST NHANGATTIRI, VIA.PATTAMBI, PALAKKAD DISTRICT. BY ADVS. MR.SANTHEEP ANKARATH, MR.V.C.MADHAVANKUTTY. RESPONDENTS: ------------------------ 1. REVENUE DIVISIONAL OFFICER,OTTAPALAM, AS CHAIRMAN OF TALUK LAND BOARD, OTTAPALAM. 2. THE TAHSILDAR,TALUK OFFICE, OTTAPALAM. 3. VILLAGE OFFICER,NAGALASSERY VILLAGE, OTTAPALAM TALUK. R1 TO R3 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5751 OF 2010 --------------------------------------- Dated this the 16th day of March, 2010. J U D G M E N T The petitioner and her children are the owners of 1 acre 6 cents of property in Survey Nos.357/9 and 356/5B of Nagalassery Village in Ottapalam Taluk. The properties originally belonged to one Athanikkal Koyamu Haji and his brother Athanikkal Pokker Haji. They partitioned the properties among themselves and subsequently, Koyamu Haji assigned 2 acres 47 cents of his property in favour of the husband of the petitioner by Exhibit P1 assignment deed dated 01.06.1984. The late husband of the petitioner had two wives one Nabeesumma and the petitioner. He died in the year 1992. Between the legal heirs, there was partition of the properties out of which 1 acre and 6 cents were set apart to the share of the petitioner and her children. Apart from that the petitioner and her children are in possession of 20 cents of land in Thrithala Panchayath. These items of properties are the only properties owned and possessed W.P.(C) No.5751/2010 2 by the petitioner. 2. It is the case of the petitioner that Abdulla and subsequently his legal representatives have been paying the basic tax also for the property in question. The petitioner is aggrieved by the action taken by the respondents against the petitioner presuming that these items are excess land which are liable to be surrendered. It is in these circumstances, the petitioner has filed this writ petition seeking for a direction to the respondents not to evict the petitioner and her children from the property in question. Further prayer is to direct the 3rd respondent to receive basic tax concerning the properties also. 3. Exhibit P3 is the petition submitted by the petitioner before the Taluk Land Board, Ottappalam detailing her claim in respect of the property. Learned Government Pleader on instructions submitted that the same is pending and therefore, the Taluk Land Board will dispose of the matter after hearing the petitioner and any other necessary parties. There will be a direction to the 1st respondent to take a decision on Exhibit P3, after hearing the petitioner and after W.P.(C) No.5751/2010 3 allowing all opportunities to produce evidence, within a period of three months from the date of receipt of a copy of this judgment. Till then, no action for dispossession will be taken against the petitioner. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp