IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 OP.No. 7841 of 2000(H) ------------------------------- PETITIONERS: ------------------ 1. V.M.DAMODARAN BHATTATHIRIPAD, S/O. VALIA NARAYANAN BHATTATHIRIPAD, VELLAKKATTU MANA, P. O., PORUR 679 339, (VIA), VANIAMBALAM, PORUR VILLAGE, POOTHRAKKOVU DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT.(DIED) 2. V.M.NARAYANAN BHATTATHIRIPAD DO. DO. 3. SMT.RAMANI ANTHARJANAM, W/O. LATE V.M.DIVAKARA KRISHNAN BHATTATHIRIPAD, VALLAKKATTTU MANA, DO. DO. 4. SRI.VIPIN, S/O. LATE V.M.DIVAKARA KRISHNAN BHATTATHIRIPAD, DO. DO. 5. VINITHA, (MINOR-17 YEARS) DO. DO. REP.BY MOTHER GUARDIAN, RAMANI ANTHARJANAM. ADDL. P6 TO P9 ARE IMPLEADED 6. SREEDEVI ANTHARJANAM, W/O . LATE V.M.DAMODARAN BHATTATHIRIPAD VELLAKKATTU MANA, P.O.PORUR 679 339, (VIA) VANIAMBALAM, PORUR VILLAGE, POOTHRAKKOVU DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. 7. MINI, W/O. JAYAN, D/O. LATE V.M.DAMODARAN BHATTATHIRIPAD , DO. DO. 8. DINESH, S/O. LATE V.M.DAMODARAN BHATTATHIRIPAD, DO. DO. 9. RAJESH, S/O. LATE V.M.DAMODARAN BHATTATHIRIPAD DO. DO. ADDL. P6 TO P9 ARE IMPLEADED AS PER ORDER DT. 16.01.2008 IN IA. NO.658/2007. ADDL.P10 TO P12 ARE IMPLEADED. OP. NO.7841/2000 10. GOWARI ANTHARJANAM, W/O. LATE , NARAYANAN BHATTATHIRIPAD, VELLAKKATTU MANA, P.O. PORUR-679 339, VANIAMBALAM, PORUR VILLAGE, POOTHRAKKOVU DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. 11. ANIL NARAYANAN, S/O. DO. DO. 12. MANOJ VELLAKKATTU, S/O. DO. DO. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENTS: ----------------------- 1. THE TALUK LAND BOARD, NILAMBUR, REP.BY CHAIRMAN P.O. MALAPPURAM. 2. THE TAHSILDAR, P.O. NILAMBUR, NILAMBUR TALUK, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, PORUR VILLAGE, P.O. CHATHANGOTTUPURAM 679 328, PORUR VIA WANDOOR, MALAPPURAM DISTRICT. 4. THE STATE OF KERAFED, REP.BY CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MRS. N.SUDHADEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/ 01/ 2008 , THE COURT ON THE S AME DAY DELIVERED THE FOLLOWING: OP. NO.7841/2000 ORDER ON CMP. NO.13071/2000 IN OP. NO.7841/2000 DISMISSED 16.01.2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER PASSED BY THE TAHSILDAR, ERNAD IN OCTOBER 1991. EXT.P2:- COPY OF THE ORDER PASSED BY THE TALUK LAND BOARD, NILAMBUR DT. 19.11.98. EXT.P3:- COPY OF THE PETITION DT. 12.2.99 FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT. EXT.P4:- COPY OF THE AUTHORISED OFFICERS REPORT DT. 30.11.1987. EXT.P5:- COPY OF THE GIFT DEED DT. 22.5.03 (D. NO.2352/03). RESPONDENT'S EXHIBITS EXT.R1(a):- COPY OF THE ORDER DT. 31.8.88. EXT.R1(b):- COPY OF THE ORDER DT. 19.11.98. EXT.R1(c):- COPY OF THE LETTER DT. 18.11.2005. /TRUE COPY/ P.S. TO JUDGE tss K. M. JOSEPH, J. ----------------------------------- O.P NO. 7841 OF 2000 H ------------------------------------ Dated this the 16th January, 2008 JUDGMENT Petitioners have approached this Court seeking the following reliefs: (i) Issue a writ of mandamus directing respondents not to take possession of all or any of the properties as per Exhibit P2 Order dated 19.11.1998 from the possession of the petitioners. (ii) Issue a writ of mandamus directing respondents, in particular respondents 1 & 2 to pass fresh orders taking into consideration the following aspects: (i) The initial surrender of 5 acres. (ii) The subsequent taking over possession of 8.27 1/2 acres in 1990 - 1991 as seen in Ext.P1 Order. (iii) The taking possession of 1.34 acres from Sy.86/3 in pursuance to the acceptance of option exercised. OP 7841/00 H 2 (iv) The exclusion of 1.2 acres tank area. (v) The exclusion of 1.53 acres from Sy.No.82/1. (vi) The exclusion of 76 cents from Sy.73/1. (vii) The exclusion of 47 cents or that much area covered by Thodikapulam Road. And (viii) The exclusion of 97 cents in Sy. 73/5 and also the exclusion of 19 cents in Sy.121/3C all situated in Porur Village, Nilambur Taluk. (iii) Issue a writ of mandamus directing the 1st respondent to dispose of Exhibit P3 petition at an early date with notice to petitioners." 2. Heard the learned counsel for the petitioners and also the learned Government Pleader. The Taluk Land Board by order dated 31.8.1988 directed surrender of an extent of land. A Revision was carried. Ultimately, by Ext.P2 order dated 19.11.1998, the Taluk Land Board, after considering the OP 7841/00 H 3 objections filed by the declarants, also directed surrender of certain extent of land total aggregating 14.49 Acres. Thereafter, Ext.P3 was filed by the petitioners. Apparently, the request is that the land may not be taken possession of as ordered to be taken possession pursuant to Ext.P2. I would think that the reliefs sought for in this Original Petition are not liable to be granted in so far as the effect of the same would be to unsettle Ext.P2. In these proceedings, I am not called upon to consider, having regard to the prayers, the legality of Ext.P2. In such circumstances, I feel that the Original Petition is liable to be dismissed. Accordingly, the Original Petition is dismissed. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 7841 OF 2000 H JUDGMENT 16th January, 2008.