IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 OP.No. 33682 of 2002(I) ----------------------- PETITIONER(S): --------------- 1. CHAMI,S/O.CHERUTTY VALIYAKATTIL,MANNUR,PALAKKAD. 2. RUGMANI,W/O.CHAMI, VALIYAKATTIL,MANNUR,PALAKKAD. BY ADV. SRI.T.M.SUNIL RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLETOR,PALAKKAD. 2. TALUK LAND BOARD,PALAKKAD. GOVERNMENT PLEADER SHRI.K.RAMESH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 33682/02. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT IN CRP. NO.529/83 AND CONNECTED CASES. P2. COPY OF THE PETITION BEFORE THE VILLAGE OFFICER, MANNUR. P3. COPY OF THE PETITION BEFORE THE TALUK LAND BOARD. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 33682 of 2002 ================== Dated this the 25th day of May, 2010 J U D G M E N T The petitioners obtained leasehold rights over 20 cents of property in survey No.130/1 and 55 cents in survey No.130/2 in Mannur amsom in Palakkad Taluk. These lands were also included in ceiling case LB No.503 of 1973 by the 2nd respondent-Taluk Land Board, Palakkad, in proceedings against the declarant, Sri.P.K.Murugan. The 1st petitioner filed a claim petition before the Taluk Land Board in respect of that property. That claim was rejected. The 1st petitioner challenged the order of the Taluk Land Board rejecting the claim by filing CRP No.791/1983. That revision petition was heard along with CRP No.529/1983 filed by the declarant and CRP No.3604/1983 filed by the State. By Ext.P1 order, the 1st petitioner's revision petition was allowed upholding the claim set up by the petitioners in regard to the above said land. This Court directed that these properties shall be exempted from the ceiling provisions. None having challenged the said order, the said order has become final. The petitioners now submit that despite Ext.P1 order of this Court, the respondents are taking steps to evict the petitioners from the property. It is under the above circumstances, the petitioners have filed this original petition seeking the following reliefs: o.p.33682/02 2 “(i) issue a writ of mandamus any other appropriate writ order or direction commanding the respondents to abide by exhibit P1 judgment in C.R.P.No.791/1983 and refrain from proceeding against the petitioners land situated in survey numbers 130/1 and 130/2 in Mannur amsom, Palghat Taluk having an extent of 20 and 55 cents respectively; and (ii) issue a writ of mandamus any other appropriate writ order or direction commanding the respondents not to evict the petitioner and cause obstruction to cultivation and peaceful possession.” 2. No counter affidavit has been filed. The learned Government Pleader, on instructions, submits that it is only because of non-availability of the records of the case at the relevant time that the mistake happened. 3. In the above circumstances, this original petition is allowed holding that the respondents cannot interfere with the possession of the property in question by the petitioners in violation of Ext.P1 order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.33682/02 3 S.SIRI JAGAN, J. ================== O.P.No. 33682 of 2002-I ================== J U D G M E N T 25th May, 2010