IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 971 of 2009(N) ----------------------------------- PETITIONER: ------------------- KOOTTALA KRISHNAN MADHAVAN, ALAPRA, KANNARA.P.O, PEECHI, THRISSUR. BY ADVS. MR.P.SREEKUMAR, MR.K.S.MANU. RESPONDENTS: ------------------------ 1. THE DEPUTY COLLECTOR (LR) AND CHAIRMAN, TALUK LAND BOARD, THRISSUR. 2. SAINABANU, D/O. MEERA HASSAIN, VELLANTHUR, CHENTNANGADI, THRISSUR. 3. YASMIN, D/O. MEERA HASSAIN, VELLANTHUR, CHENTNANGADI, THRISSUR. 4. MUHAMMED KHALEEL, S/O. MEERA HUSSAIN, HUSSAIN MANZIL, CHENTNANGADI, THRISSUR. 5. ABDUL ASSEEM, S/O. MEERA HUSSAIN, VELIANNUR, CHENTNANGADI, THRISSUR. R1 BY GOVT. PLEADER MR. M.A. ASIF, R2 TO R4 BY ADV. MR.JIJO PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.971/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 24/08/1976 IN O.S NO. 76/1970. EXT.P.2: COPY OF THE JUDGMENT IN AS.NO.6/1977 DTD. 03/07/1981. EXT.P.3: COPY OF THE NOTICE DTD 18/05/2005 ISSUED TO THE RESPONDENTS 2 TO 5. EXT.P.4: COPY OF THE NOTICE DTD. 24/05/2008 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J --------------------------- W.P.(C).971 of 2009 --------------------------- Dated this the 26th day of May, 2009 JUDGMENT The petitioners claim to be in possession of 18 cents of land contending that their father had come into possession of a larger extent of land on a lease from Pattani Sheik Moitheen Shaw Rawther in the year 1949. The petitioners' father approached the Land Tribunal, Ottapalam for the purchase of Jenmam right. Thereafter, according to the petitioners, the land was occupied by 22 families. It seems that the granddaughter of the original landlord approached the Sub Court, Thrissur contending that the petitioners' father was only a Kariasthan and not a Jenmi. This contention was rejected byExt.P2 by which the suit was dismissed. But the appellate court reversed the said finding and decreed the suit, O.S.No.76/70. It is stated that Ext.P2 judgment has become final. A petition for execution of Ext.P2 is pending. 2. The petitioners contend that proceedings have now been taken by the landlord against W.P.(C).971 of 2009 :: 2 :: respondents 2 to 6 and it is possible that the parties before the Land Board might surrender possession of the land in the possession of the petitioners. They have, therefore, a right to be heard by the Land Board. It is open to the petitioners to approach the Taluk Land Board under Section 85(8) of the Kerala Land Reforms Act. If such application is filed, the same shall be considered and orders passed. Writ petition is accordingly closed. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge