IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31168 of 2009(M) -------------------------- PETITIONER(S): ------------------ V.M.MICHAEL, VEETTIYANKAL HOUSE, ALLI P.O., THEKKUMKUTTY, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------- 1. THE VILLAGE OFFDICER, KUMARANELLUR, KOZHIKODE. 2. THE DEPUTY COLLECTOR, VIGILANCE CELL, NORTH ZONE, KOZHIKODE. 3. ADDITIONAL TAHSILDAR, KOZHIKODE. 4. DEVASSYA, S/O.ANTONY, NIRAPATH HOUSE, KUMARANELLUR, KOZHIKODE, PIN-673 604. 5. JANCY, NADUVATHANIYIL, KUMARANELLUR, KOZHIKODE, PIN-673 604. 6. SRI.ALAVI, S/O.AHAMMED, THADAPARAMBIL HOUSE, KUMARANELLUR P.O., KOZHIKODE, PIN-673 604. WP(C).No. 31168 of 2009 :: 2 :: 7. SRI.KANNANKUTTY, S/O.KANNAKUTTY, RESIDING DO. 8. SMT.PITTANGACHI, D/O.THEYYATHIRA, PARATHAPARAMBATH HOUSE, ALLI P.O., KOZHIKODE DISTRICT, PIN-673 604. 9. POOZHIYORAMMAL KALLIYANI, D/O.BEECHIRAN, PARATHAPARAMBATH HOUSE, KUMARANELLUR P.O., KOZHIKODE, PIN-673604. 10. THADAPARAMBIL VELAYUDHAN NAIR, KUMARANELLUR AMSOM DESOM, KOZHIKODE TALUK, PIN-673 604. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).31168/2009 ....................... Dated this the 3rd day of November, 2009 JUDGMENT In ceiling proceedings initiated under the Kerala Land Reforms Act, the Taluk Land Board, Kozhikode, directed the petitioner to surrender an extent of 2.50 acres of land as land held by him in excess of the ceiling area. The petitioner surrendered the said extent of land and portions thereof were assigned to respondents 6 to 10 under the Kerala Land Reforms (Ceiling Rules) during the year 2005. As per Rule 29(1) of the said Rules, the lands assigned are heritable but not alienable for a period of 20 years from the date of assignment. The grievance voiced by the petitioner is that within the said period of 20 years, the fourth respondent obtained a power of attorney from respondents 6 to 10 and their power of attorney transferred the lands to his wife, the fifth respondent. The petitioner thereupon filed Ext.P6 complaint before the District Collector, Kozhikode, requesting him to take steps to cancell the order granting assignment to respondents 6 to 10 and to resume possession of the lands. The petitioner submits that he had submitted a similar complaint before the Honourable W.P.(C).31168/2009 2 Chief Minister, that it was enquired into and Ext.P5 report was submitted, wherein, the Deputy Collector, Land Reforms, has reported that the land assigned to respondents 6 to 10 has been illegally transferred by the fourth respondent to his wife, the fifth respondent. In this writ petition, the petitioner seeks a direction to the District Collector to take appropriate action on Ext.P6 complaint in the light of Ext.P5 report and to cancell the pattas issued in favour of respondents 6 to 10. 2. Rule 29(1) of the Kerala Land Reforms (Ceiling) Rules contains a restriction on alienation of lands assigned under the said Rules for a period of 20 years. Ext.P5 report discloses that in violation of the said stipulation, respondents 6 to 10 have transferred the land assigned to them to the fifth respondent through their power of attorney holder, the fourth respondent. The Deputy Collector, Land Reforms, has in Ext.P5 report stated that the assignment in favour of the fifth respondent was effected in the year 2005, within the period of 20 years. Ext.P5 prima facie discloses that there is merit in the grievance voiced by the petitioner. In these circumstances, I am of the opinion that the District Collector should consider Ext.P6 complaint and pass orders thereon expeditiously. W.P.(C).31168/2009 3 I Accordingly dispose of this writ petition with a direction to the District Collector, Kozhikode, to consider Ext.P6 complaint in the light of Ext.P5 report and pass orders thereon, after notice to and affording the petitioner and respondents 4 to 10 a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the District Collector. P.N.RAVINDRAN, Judge mrcs