IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 31145 of 2006(G) -------------------------------------- PETITIONER(S): ---------------------- 1. POOVANKULATHIL SAIFUDHEEN, S/O. K.V.MUHAMMED KUNHI, AGED 32 YEARS, CHENGALAYI AMSOM, VALAKAI DESOM. 2. OLYANTAKATH ASSAN KUNHI, S/O. MUHAMMED, AGED 35 YEARS, CHENGALAYI AMSOM, VALAKAI DESOM. (BOTH ARE REP. BY THEIR POWER OF ATORNEY HOLDER KUTTOTHUVALAPPIL MUHAMMED KUNHI, S/O. ABDULLA, AGED 54 YEARS,CHENGALAYI AMSOM, VALAKAI DESOM.) BY ADV. SRI.S.MAMMU RESPONDENT(S): ------------------------- 1. THE CHAIRMAN, TALUK LAND BOARD, TALIPARAMBA, OFFICE AT KANNUR. 2. THE TAHASILDAR, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. THE VILLAGE OFFICER, PANNIYOOR VILLAGE, P.O.PANNIYOOR. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 31145/2006-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REVISED ORDER IN T.LB.NO.155/1973 TBA OF THE TALUK LAND BOARD DATED 08/12/1994. EXT.P2: COPY OF THE PURCHASE CERTIFICATE NO.10159/1977 IN O.A.NO.4830/1976 OF LAND TRIBUNAL NO.I, TALIPARAMBA DATED 20/07/1977. EXT.P3: COPY OF THE REGISTERED JENM ASSIGNMENT DEED NO.113/1981 SRO TALIPARAMBA DATED 12/01/1981. EXT.P4: COPY OF THE REGISTERED RELEASE DEED NO.1119/1981 SRO TALIPARAMBA DATED 05/03/1981. EXT.P5: COPY OF THE REGISTERED JENM ASSIGNMENT DEED NO.644/2003 SRO TALIPARAMBA DATED 24/02/2003. EXT.P6: COPY OF THE FORM 6 APPLICATION ON SUBMITTED BY THE PETITIONERS. EXT.P7: COPY OF THE STAY PETITION SUBMITTED BY THE PETITIONERS. EXT.P8: COPY OF THE BASIC TAX RECEIPT DATED ISSUED BY THE 3RD RESPONDENT FOR THE YEAR 2000-2001. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.31145 of 2006 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(i) To issue a writ of mandamus, order or direction directing the respondents not to take possession of the properties covered by Ext.P5 as excess land; (ii) To issue a writ of mandamus, order or direction directing the Taluk Land Board, Taliparamba to consider and pass appropriate order on the Form 6 application submitted by the petitioners regarding the property covered by Ext.P5.” In case no orders have been passed by the Taluk Land Board on Form 6 application submitted by the petitioners, the same shall be disposed of by the Taluk Land Board after affording an opportunity for hearing to the petitioners within three months from the date of receipt/production of a copy of the judgment. The interim order passed by this court on 18.12.2006 will continue till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.31145 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.