IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 36480 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. N.V.LALU, S/O. N.V.VARGHESE, GREEN PARK HOUSING COLONY, MULANKAVU P.O., S.BATTERY, WAYANAD. 2. N.U.VARGHESE, S/O. ULLAHANNAN, -DO- -DO- 3. N.V.BABY, S/O. N.V.VARGHESE, -DO- -DO- BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY, (GENERAL ADMINISTRATION DEPARTMENT), THIRUVANANTHAPURAM. 2. TALUK LAND BOARD, REP. BY CHAIRMAN, MANANDAVADY, WAYANAD. 3. THE TAHSILDAR, MANANDAVADY, WAYANAD. GOVERNMENT PLEADER SRI.GEORGE VADAKKEL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.36480/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ASSIGNMENT DEED DT 8.9.2000. P2 COPY OF THE ASSIGNMENT DEED DT 18.9.2000. P3 COPY OF THE ASSIGNMENT DEED DT 8.9.2000. P4 COPY OF THE PURCHASE CERTIFICATE DT 21.1.04. P5 COPY OF THE PURCHASE CERTIFICATE DT 21.1.04. P6 COPY OF THE PURCHASE CERTIFICATE DT 21.1.04. P7 COPY OF THE ORDER DT 30.5.2000. P8 COPY OF THE PETITION FILED BEFORE R2. P9 COPY OF THE STAY PETITION FILED BEFORE R2. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 36480 of 2009 D ``````````````````````````````````````````````````````````` Dated this the 26th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners claim to be the assignees of 4 acres, 2.12 acres and 2 acres respectively situated in survey No.2/2 of Thavijal village of Manandavady Taluk. It is their case that, they got the property assigned as per Exts.P1 to P3 documents and that they also obtained patta in respect of the land as per Exts.P4 to P6. It is stated that, while the petitioners were thus in the exclusive possession and enjoyment of the property, the third respondent and his subordinates came to the property on 10.12.2009, for surveying and resuming possession. It is stated that the said action was on the basis of Ext.P7 order of the second respondent, wherein this property has been held to be excess land in terms of the provisions contained in the Kerala Land Reforms Act. Immediately thereupon, the petitioners submitted Ext.P8 application, claiming that they W.P.(C) No.36480/2009 : 2 : are entitled to the benefit of Section 7E of the Kerala Land Reforms (Amendment) Act, 2005 and also filed Ext.P9 stay petition. Orders were not passed on the application and in the meanwhile, apprehending coercive action on the part of the third respondent to disturb their possession, this writ petition was filed. 2. On behalf of the respondents, a counter affidavit has been filed, wherein it is stated that Ext.P7 order has been confirmed by this Court in C.R.P.No.1865/2000 dated 14.06.2006. It is also stated that the said order of this Court was confirmed by the Apex Court by dismissing SLP No.21222/2006 by order dated 19.08.2008. It is, therefore, contended that the respondents are entitled to resume possession of the land. 3. As already stated, the benefit claimed by the petitioners is that of Section 7E of the Kerala Land Reforms (Amendment) Act, 2005. This claim is on the basis that the petitioners were in possession of the land as on the date the W.P.(C) No.36480/2009 : 3 : said Section came to be introduced. When such a claim has been made by an applicant and that is on the strength of Exts.P1 to P6, necessarily the said claim has to be considered by the Taluk Land Board itself. 4. In that view, I direct the second respondent to consider and pass orders on Ext.P8 application made by the petitioners, with notice to them, as expeditiously as possible and at any rate, within three months from the date of production of a copy of this judgment. It is directed that until orders are passed as above, the interim order passed by this Court on 17.12.2009 directing that the possession of the petitioners over the properties mentioned in Exts.P4 to P6 shall not be disturbed will continue. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/29/08 // True Copy // P.A. To Judge