IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23786 of 2011(W) -------------------------- LB.658/1973 of TALUK LAND BOARD, PALAKKAD .................... PETITIONER(S): ------------------------ 1. MARIA JOSEPH, S/O.DORASWAMY PILLA,AGED 59 YEARS, NEAR ASSISSI CONVENT,VIDYA NAGAR, K.N.PUTHUR,KANJIKODE P.O., PALAKKAD 678 621. 2. MATHALA MARY, D/O.DORASWAMY PILLA,AGED 54 YEARS, C/O.MARIA JOSEPH, NEAR ASSISSI CONVENT,VIDYA NAGAR, K.N.PUTHUR,KANJIKODE P.O. PALAKKAD 678 621. 3. LAKSHMI, D/O.AMMASA KONAR,AGED 5O YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE P.O., PALAKKAD 678 621. BY ADV. SRI.TOM K.THOMAS RESPONDENT(S): ----------------------- 1. THE TALUK LAND BOARD, PALAKKAD 678 001. 2. THE TAHSILDAR, PALAKKAD TALUK, PALAKKAD 678 001. 3. THE VILLAGE OFFICER, PUTHUSSERRY CENTRAL VILLAGE, PALAKKAD 678 001. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23786/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE PARTITION DEED NO.1813 DATED 22.6.1973 OF PALAKKAD SRO. EXT.P2: TRUE COPY OF THE SALE DEED NO.3774 DATED 13.8.94 OF PALAKKAD SRO. EXT.P3: TRUE COPY OF THE SETTLEMENT DEED NO.499 DATED 20.2.1991 OF PALAKKAD SRO. EXT.P4: TRUE COPY OF THE SALE DEED NO.1325 DATED 20.5.1977 OF PALAKKAD SRO. EXT.P5: TRUE COPY OF THE PROCEEDINGS NO.LB.658/1973 DATED 30.11.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE APPLICATION DATED 17.8.11 SUBMITTED BY THE 1ST AND 2ND PETITIONER UNDER SEC.85(8) BEFORE THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE APPLICATION DATED 17.8.11 SUBMITTED BY THE 3RD PETITIONER UNDER SEC.85(8) BEFORE THE 1ST RESPONDENT. EXT.P8: POSTAL RECEIPTS DT 27.8.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23786 OF 2011 ===================== Dated this the 2nd day of September, 2011 J U D G M E N T Petitioners state that by virtue of Exts.P1 to P4, they acquired title and possession of the property situated in Sy.No.842/5 of Puthusserry Central Village, Palakkad District. It is stated that, by Ext.P5 order passed by the 1st respondent, this land was held to be excess land and that the said order was passed without the petitioners in the party array. In the circumstances, they filed Exts.P6 and P7 applications under Section 85(8) of the Kerala Land Reforms Act and the said applications are pending. In the meanwhile, they are apprehending implementation of Ext.P5 and therefore this writ petition is filed for appropriate reliefs safeguarding their interests. 2. I heard the learned counsel for the petitioners and also the learned Government Pleader. 3. In the nature of the grievance, at this stage, the only order that is to be passed is to direct the 1st respondent to consider and pass orders on Exts.P6 and P7 keeping in abeyance further proceedings pursuant to Ext.P5. Therefore, there shall be a WPC No. 23786/11 :2 : direction to the 1st respondent to pass orders on Exts.P6 and P7 applications of the petitioners with notice to them and as expeditiously as possible. It is directed that until orders are passed as above and communicated to the petitioner, further proceedings pursuant to Ext.P5 shall be kept in abeyance. 4. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp