IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 6201 of 2010(A) ------------------------- PETITIONER(S): --------------- M.K.VASUDEVAN, MOKKERIL HOUSE, PUTHUPALLIPURAM, KOLLAMURI ROAD, EDAPPALLY.P.O., ERNAKULAM. BY ADV. SRI.V.G.ARUN MR.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE TALUK LAND BOARD, NORTH PARAVUR, ERNAKULAM. 2. THE CHAIRMAN(L.R. DEPUTY COLLECTOR) TALUK LAND BOARD, NORTH PARAVUR, ERNAKULAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SCRETARIAT, THIRUVANANTHAPURAM. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6201 of 2010 (A) --------------------------------- Dated, this the 25th day of February, 2010 J U D G M E N T The petitioner submits that 1.66 acres of land in survey Nos.671/6, 672/2, 672/1, 671/14A and 671/14B (Re-survey Nos.148/1, 148/15) of Thrikkakara North Village of Kanayannur Taluk in Ernakulam District was given in lease from its landlord way back in 1965. According to him, since then he has been paying tax in respect of the land and he refers to Exts.P3 & P5 in this context. According to the petitioner, suo motu proceedings were initiated by the Government under the Kerala Land Reforms Act and Ext.P1 order permitting him to purchase the land was issued and on the basis of which Ext.P2 purchase certificate was issued. 2. While the petitioner was in enjoyment of the property ceiling proceedings were initiated against the landlord. The proceedings culminated against the landlord. In the meantime, on an application made by the petitioner, it is stated that 17 cents including his residential house was assigned by Ext.P6. While so, WP(C) No.6201/2010 -2- the Kerala Land Reforms Act was amended by the enactment of Land Reforms Amendment Act, 2005 introducing Section 7E, which according to him enables the petitioner to retain the land. It is stated that claiming the benefit of Section 7E, he made Ext.P7 application before the 2nd respondent. While the application was pending, the petitioner apprehended that the land will be assigned to strangers and thereupon he approached this Court and filed WP (C) No.14454/2007. That writ petition was disposed of by Ext.P8 judgment dated 30/09/2009 directing disposal of Section 7E application referred to above and also ordering that in the meanwhile the land shall not be assigned. 3. The petitioner states that in pursuance to Ext.P7 he was heard on 28/12/2009 and orders on Ext.P7 application filed under Section 7E are awaited. It is stated that while so, certain strangers came to his property and he was informed that he will be dispossessed from the land and that the same will be given to landless people. It is apprehending eviction from the land at this stage, this writ petition has been filed. 4. If as stated by the petitioner, Section 7E application is WP(C) No.6201/2010 -3- pending consideration of the 2nd respondent, he is entitled to have undisturbed possession at least until final orders on the application are passed and communicated to him. As according to the petitioner, he has already been heard in the matter, what is required is that the 2nd respondent should pass final orders on Ext.P7. This the 2nd respondent shall do as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. It is directed that in the meanwhile, the petitioner’s possession on the land, which is mentioned in Ext.P7 shall not be disturbed. It is made clear that in case there is any disturbance in possession of the land, it will be open to the petitioner to move the 3rd respondent or concerned Police Officer, who shall on production of a copy of this judgment, render him necessary assistance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg