IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28925 of 2011(M) --------------------------------------- [LB.NO.658/1973 OF TALUK LAND BOARD, PALAKKAD] .................... PETITIONER: ------------------- HARIDAS.K, S/O.LATE KESAVAN, AGED 40 YEARS, VELAN HOUSE, K.N.PUTHUR, KANJIKODE P.O, PALAKKAD- 678 621. BY ADV. SRI.TOM K.THOMAS. RESPONDENTS: ------------------------ 1. THE TALUK LAND BOARD, PALAKKAD- 678 001. 2. THE TAHSILDAR, PALAKKAD TALUK, PALAKKAD- 678 001. 3. THE VILLAGE OFFICER, PUTHUSSERRY CENTRAL VILLAGE, PALAKKAD- 678 001. R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28925/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE SALE DEED NO.1139/1975 DT.31.3.75 OF PALAKKAD S.R.O. EXT.P2: TRUE COPY OF THE PROCEEDINGS NO.LB 658/1973 DT.30.11.2010 ISSUED BY THE IST RESPONDENT. EXT.P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER SEC.85 (8) OF THE KLR ACT BEFORE THE IST RESPONDENT. EXT.P4: TRUE COPY OF THE POSTAL RECEIPT DT.14.10.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J ....................................................... W.P.(C).28925/2011 .............................................. Dated this the 31st day of October, 2011 JUDGMENT According to the petitioner, by Ext.P1 document, petitioner's father purchased 3.05 acres of land in Survey Nos.836/1 & 793/C/1 of Puthusserry Central Village. However, the first respondent issued Ext.P2 order requiring the petitioner to surrender the land on the ground that the same is an excess land. There upon, claiming the benefit of Section 7E of the Kerala Land Reforms (Amendment) Act, petitioner filed Ext.P3 application before the first respondent which is pending consideration. Apprehending coercive action based on Ext.P2, petitioner has approached this Court. 2. As at present, so long as Ext.P3 application filed by the petitioner is pending, it is premature to take any coercive action based on Ext.P2. Therefore, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P3, with notice to the parties concerned and as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. It is directed that in the meanwhile, further W.P.(C).28925/11 2 proceedings pursuant to Ext.P2 will be kept in abeyance. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. ANTONY DOMINIC, Judge mrcs