IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 33365 of 2008(V) ------------------------------------ PETITIONER(S): ------------------- ARAMKOTTAKKAL PRABHAKARAN NAIR S/O. CHIRUTHEI AMMA, AGED 49 YEARS RYOT, AVIDANALLUR AMSOM, POONATH DESOM KOYILANDY, KOZHIKODE. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, LAND REFORMS, KOZHIKODE. 2. THE TAHSILDAR KOYILANDY TALUK, KOZHIKODE. 3. TALUK LAND BOARD, KOYILANDY. 4. THE CIRCLE INSPECTOR OF POLICE BALUSSERY. GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33365/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE SALE DEED DT 11.12.1979. EXT.P2: TRUE COPY OF THE PURCHASE CERTIFICATE DT 4.5.1994. EXT.P3: TRUE COPY OF THE TAX RECEIPT DT 25.3.1998. EXT.P4: TRUE COPY OF THE JUDGMENT DT 20.11.1978 IN S.A. NO.521 OF 1976. EXT.P5: TRUE COPY OF THE JUDGMENT DT 21.3.1997 IN CRP NO.1439/96 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P6: TRUE COPY OF THE MINUTES OF A CONFERENCE OF REVENUE OFFICERS AND GOVT. PLEADERS HELD AT THE COLLECTORATE, KOZHIKODE ON 5.12.2000. EXT.P7: TRUE COPY OF the MINUTES OFHTE CONFERENCE OF REVENUE OFFICERS AND GOVT.PLEADERS HELD AT THE COLLECTORATE ON 17.1.2001. EXT.P8: TRUE COPY OF THE NOTIFICATION DT 18.10.2006 EXT.P9: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE TALUK LAND BOARD KOHILANDI DT 9.11.2007. EXT.P10: TRUE COPY OF THE COMMUNICATION DT 2.1.2008. EXT.P11: TRUE COPY OF THE APPLICATION DT 15.1.2008 FILED by the PETITIONER BEFORE THE TALUK LAND BOARD. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 33365 OF 2008 (V) ==================== Dated this the 4th day of February, 2009 J U D G M E N T Petitioner challenges Ext.P10 order. 2. Briefly noticed, the case of the petitioner is that following the issuance of Ext.P8, petitioner filed Ext.P9 application before the 3rd respondent invoking Section 85(8) of the Kerala Land Reforms Act for reopening the proceedings. That was rejected by Ext.P10. In Ext.P10, apart from stating that Section 7(e) introduced by the 2005 amendment to the Kerala Land Reforms Act is inapplicable to the case of the petitioner, no reasons whatsoever has been stated to justify this conclusion. That apart, the said order has been passed without giving the petitioner an opportunity of hearing to substantiate his contentions. Although on receipt of Ext.P10 petitioner has filed Ext.P11 application seeking review of Ext.P10, having regard to the fact that Ext.P10 is a non speaking order passed without notice to the petitioner, I am inclined to set aside the said order and direct reconsideration of the matter. 3. Accordingly, I set aside Ext.P10 and direct the 3rd respondent to issue notice to the petitioner, afford him an opportunity of hearing and pass a speaking order on Ext.P9. This shall be done, as expeditiously as WPC 33365/08 :2 : possible, at any rate within 3 months from the date of receipt of a copy of this judgment. It is directed that in the meanwhile, the status quo as on date as regards the possession of the land which is mentioned in Ext.P9 will be maintained. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp