IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 15629 of 2008(T) -------------------------- PETITIONER: ------------ P.M.PASUPATHI NAMPOOTHIRI, S/O.NARAYANAN NAMPOOTHIRI, PATTAZHIMANA, P.O.IRIMBILIYAM, VIA. VALANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNANUNNI SRI.SAJU.S.A RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 3. TALUK LAND BOARD, TIRUR. BY GOVT. PLEADER SRI. P.K. BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 15629/2008. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF STATEMENT DATED OCTOBER, 2007. EXT.P2 COMMUNICATION DT. 19-2-2007. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 15629 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th August, 2008. J U D G M E N T The petitioner is in possession of certain lands which have been made the subject matter of proceedings under the ceiling provisions of the Kerala Land Reforms Act. There were several proceedings in respect of the same. The same have been taken up before this Court in Civil Revision Petitions and now the petitioner has filed Ext. P1 application before the Taluk Land Board, Tirur. The petitioner now submits that in view of the new Section introduced, viz. Section 7E, in the Kerala Land Reforms Act, the petitioner is entitled to the benefits of that Section also. Therefore, he wants the Taluk Land Board to consider Ext. P1 in the light of that Section also. But, unfortunately, in view of Ext. P2 direction from the Secretary, Land Board, the Land Board is not inclined to consider that claim. The petitioner therefore seeks the following reliefs: “a) Issue a direction to the Taluk Land Board, Tirur to consider CR 74/73 on its file ignoring Ext. P2 direction issued by the 2nd respondent. b) Pass an order declaring that Ext. P2 direction is illegal. c) pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” In Ext. P2, it is stated that since the Government has not yet framed rules for implementing Section 7E, the Land Board need not accept or consider applications filed on the basis of Section 7E. There was a further direction to reject applications under that Section and also to consider applications on the assumption that there is no Section 7E in the statute book. The petitioner would submit that when the legislature introduces a Section in the Act by amendment, the Secretary of the Land Board has no jurisdiction whatsoever to direct the Taluk Land Board to reject the applications under Section 7E or W.P.C. No. 15629/2008. -: 2 :- to consider the claims under the Act on the assumption that there is no Section 7E in the statute book. 2. I have heard the learned Government Pleader also. The learned Government Pleader could not advance any reasoning in support of Ext. P2. He would submit that a proposal is under consideration by the Government to rescind the amendment introducing Section 7E in the Act. Whatever be the proposal mooted by the Government, as long as Section 7E is in the statute book, the Secretary of the Land Board could not have validly issued Ext. P2. No Government official has the jurisdiction to say that a provision in the statute book can be ignored. Therefore, Ext. P2 is clearly without jurisdiction. Accordingly, Ext. P2 is quashed. Now that Ext. P1 is pending before the 3rd respondent, the 3rd respondent has a duty to consider and pass appropriate orders thereon as expeditiously as possible. In the above circumstances, I dispose of this writ petition with a direction to the 3rd respondent to consider and pass appropriate orders on Ext. P1, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/