IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 14325 of 2008(E) -------------------------- PETITIONER: ------------ REV.FR.XAVIER KARUVALLIL S/O. JOSEPH KARUVALLIL, KARUVALLIL HOUSE EZHUPUNNA P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.SRIKUMAR SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENTS: ------------- 1. TALUK LAND BOARD, KANAYANNOOR 2. THE TAHSILDAR,KANAYANNOOR. 3. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI.M.R.SABU, FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.14325 of 2008 ================== Dated this the 13th day of August, 2008 J U D G M E N T The petitioner is allegedly in possession of certain lands which is the subject matter of proceedings under the ceiling provisions of the Kerala Land Reforms Act (“the Act” for short). The petitioner now seeks benefits under the newly introduced Section 7E of the Act. The petitioner now seeks a direction to the 1st respondent to close the proceedings against the petitioner in Ceiling Case No.2016/81 based on Section 7E of the Act. 2. I have heard the learned Government Pleader also. 3. The learned Government Pleader would submit that the Secretary of the Land Board has issued a circular to all the Taluk Land Boards to the effect that applications under Section 7E of the Act need not be considered and ceiling cases can be disposed of as if there is no Section 7E in the Act. I have already held that the Secretary of the Land Board has no power to issue such a circular. Without amending the statute in that regard, no authority under the Government has any jurisdiction to ignore a w.p.c.14325/08 2 provision in a statute. That being so, when a person approaches the Taluk Land Board for benefits under any provisions of the Kerala Land Reforms Act, as it exists, the Taluk Land Board has a duty to consider the same in accordance that law. In the above circumstances, I dispose of this writ petition with a direction to the 1st respondent-Taluk Land Board that if the petitioner has filed an application under Section 85(8) of the Ceiling Act, the same shall be considered and orders passed by the 1st respondent as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment without reference to the circular issued by the Secretary of the Land Board referred to above, or any other similar direction by any other authority in respect of Section 7E. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.14325/08 3