IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16546 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. SMT.SUHRABI K.C., W/O.LATE DR.C.H.IBRAHIM, MARWA, PANIKKAR ROAD, KOZHIKODE. 2. SMT.RAMLA MUHAMOOD, D/O.LATE DR.C.H.IBRAHIM, MARWA, PANIKKAR ROAD, KOZHIKODE. 3. DR.C.H.SAJITH, S/O.LATE DR.C.H.IBRAHIM, MARWA, PANIKKAR ROAD, KOZHIKODE. 4. SMT.SUMAYYATH C.H., D/O.LATE DR.C.H.IBRAHIM, MARWA, PANIKKAR ROAD, KOZHIKODE. BY ADV. SRI.R.MURALEEDHARAN PILLAI SRI.P.V.LONACHAN RESPONDENT(S): --------------- 1. THE CHAIRMAN, TALUK LAND BOARD, MANANTHAVADY. 2. THE DEPUTY COLLECTOR (L.R), WAYANAD DISTRICT. 3. THE VILLAGE OFFICER, EDAVAKA VILLAGE OFFICE, KALLODY POST, MANANTHAVADY. BY GP SRI.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16546/2009 -------------------- Dated this the 16th day of June, 2009 JUDGMENT Petitioners are legal representatives of one C.H.Ibrahim, one of the sons of one Chaliyadan Mammu, who was a declarant in ceiling proceedings initiated against him by the Taluk Land Board, North Wayanadu, in the first instance, and thereafter by the Taluk Land Board, Mananthavady. Petitioners claim title to the property, through C.H.Ibrahim who in turn, according to them, was allotted the property under Ext.P1 partition deed dated 15.1.1988. According to the petitioners, they came to know that the property derived by them through their predecessor-in- interest, C.H.Ibrahim, is included in the list of lands directed to be surrendered by the declarant, as per Ext.P8 order dated 28.12.2007. They make reference to the fact that originally, the Taluk Land Board had passed Ext.P5 order on 6.5.1977 holding that the declarant had no surplus land to be surrendered, but proceedings were later reopened under Section 85(9) W.P.(C).16546/09 2 (A) of the Kerala Land Reforms Act. Though according to the petitioners, proposal to reopen the proceedings was actually mooted under Section 85(9) of the Act, it was later changed to one under Section 85(9)A of the Act, on account of the bar of limitation otherwise prescribed under Section 85(9) of the Act. Be that as it may, petitioners then filed Ext.P9 application before the Taluk Land Board purportedly under Section 85(8) of the Act. They have approached this Court seeking appropriate directions in relation to Ext.P9. 2. I take note of the fact that according to the petitioners, their predecessor in interest C.H.Ibrahim was allotted the land claimed by them in Ext.P9 application namely 3.73 acres of Coffee Plantation in Sy.No.119 of Edavaka Amsom and another extent of 1.90 Acres of the same plantation in Sy.No.98/1 of Edavaka Amsom Ezhakodi Desom of Edavaka Village, Mananthavady Taluk. Apparently, Dr.Ibrahim was allotted the said property in Ext.P1 partition deed of the year 1988. But the order reopening the W.P.(C).16546/09 3 proceedings before the Taluk Land Board and thereafter, directing surrender of the aforementioned extent of property along with the others came to be passed in the year 2007. Petitioners were not heard, according to them. I am of the view, that the claim made by the petitioners requires to be considered on merits. 3. In the result, writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P9, within three months from the date of receipt of a copy of this judgment. Till orders are so passed, status quo as regards the property having an extent of 3.73 Acres in Sy No.119 of Edavaka Amsom Ezhakodi Desom and another extent of 1.90 Acres of Coffee Plantation in Sy. No.98/1 of Edavaka Amsom Ezhakodi Desom, shall be maintained. V.GIRI, Judge mrcs