IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 320 of 2010(L) --------------------------------- PETITIONER(S): ---------------------- 1. GRACY, W/O. ITTIERA, MELADOOR DESOM, ALATHUR VILLAGE, MUKUNDAPURAM TALUK. 2. VARGHESE, S/O. CHAKKALAKKAL OUSEPH, -DO- -DO- 3. JOHNY, S/O. CHAKKALAKKAL OUSEPH, -DO- -DO- 4. BABY, S/O. ARAKKATHARA GEORGE, -DO- -DO- BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): ------------------------ 1. THE TALUK LAND BOARD, COCHIN, REPRESENTED BY ITS CHAIRMAN, FORT KOCHI. 2. THE VILLAGE OFFICER, ALATHUR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. THE TAHSILDAR, MUKUNDAPURAM TALUK. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.C.R.SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 320 of 2010(L) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF REPRESENTATION DTD 25/01/2000 SUBMITTED BY THRESSIA ETC BEFORE 1ST RESPONDENT. P2 : COPY OF REPRESENTATION DTD 25/01/2000 SUBMITTED BY BABY BEFORE 1ST RESPONDENT. P3 : COPY OF JUDGMENT DTD 31/08/2006 IN OP 16858/00 P4 : COPY OF OBJECTION FILED BEFORE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE. STU C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C) No.320 of 2010 ------------------------------------------- Dated this the 8th day of November, 2011 J U D G M E N T ---------------------- Petitioners are the assignees to various extent of properties which were owned by a common predecessor in interest who was declarant in a ceiling case under the Kerala Land Reforms Act. When proceedings was initiated to take over possession of the properties, various representations were submitted by the petitioners before the 1st respondent, as per Ext.P1 and P2. On a previous occasion when the petitioners approached this court, a direction was issued in Ext.P3 judgment to the 1st respondent to consider their claim while complying with the remand order passed by this court in CRP.17/1999. 2. At present, in view of the amendments brought to the Kerala Land Reforms Act by insertion of Section 7(e) and 84(4), claims of the petitioners are that the lands in question, owned and possessed by them, are liable to be exempted. In this regard the petitioners have submitted Ext.P4 application (claim petition) before the 1st respondent which according to them are W.P.(C).320/10 -2- pending disposal before the 1st respondent. Since no action has been taken on Ext.P4 this writ petition is filed. 3. Heard; learned Government Pleader appearing on behalf of respondent. Considering the facts and circumstances I am of the view that interest of justice will be served if a direction is issued to the 1st respondent to consider and dispose of Ext.P4 expeditiously, within a time limit. 4. Therefore the writ petition is disposed of directing the 1st respondent to consider and dispose of Ext.P4 petition after affording a reasonable opportunity of hearing to the petitioners, as early as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. 5. Status quo on ground with respect to the possession as on today shall be maintained, till the disposal of Ext.P4. C.K.ABDUL REHIM, JUDGE. okb