IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(C).No. 4241 of 2011(O) ------------------------------ IN CEILING CASE 550/1973 IS PENDING BEFORE THE LAND BOARD, AGALI ..................................... PETITIONER (S) : ---------------------- DAISAMMA JACOB P.,AGED 54 YEARS, D/O CHACKO, KALKANDY P.O KALLAMALA VILLAGE, MANNARGHAT TALUK, PALGHAT. BY ADVS. SRI.P.HARIDAS SMT.S.SIKKY RAVISHANKAR SMT.LIJI KUTTAPPAN RESPONDENT(S) : ----------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM- 695 001. 2. TALUK LAND BOARD, AGALI, REPRESENTDBY ITS SECETARY, OFFICE OF THE TALUK LAND BOARD, AGALI- 678 581. BY K.C.VINCENT, GOVERNMENT PLEADER THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV OPC NO.4241 OF 2011 (O) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : COPY OF THE PURCHASE CERTIFICATE FROM LAND TRIBUNAL, OTTAPPALAM, DTD06.04.2005. EXT.P2 : COPY OF THE LAND TAX DTD. 23.06.2009. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4241 of 2011 ==================================== Dated this the 21st day of December, 2011 J U D G M E N T Learned Government Pleader takes notice for respondents. Petitioner seeks an early disposal of ceiling case No.550 of 1973 pending with the Taluk Land Board, Agali (for short, “the TLB”). 2. According to the petitioner, property involved in the said ceiling case originally belonged to a Charitable Society registered in the year 1941 and the said Society made a claim to the TLB on 25.07.1971 to exempt it from Sec.81(3) of the Kerala Land Reforms Act (for shot, “the Act'). While the matter was pending, land involved was sold in different parcels and some items were acquired by one Thomas who in turn, transferred it to the father of petitioner. He assigned 3.824 acres of land in R.S.Nos.156/4, 161/4,and 161.5 of Kallamala Village to the petitioner as per document No.85 of 1986. Petitioner claims that she has obtained Ext.P1, purchase certificate from the Land Tribunal, Ottappalam in the year, 2005. According to the O.P(C) No.4241 of 2011 -: 2 :- petitioner, the land covered by Ext.P1 and document No.85 of 1986 is not liable to be treated as excess land since petitioner is entitled to the protection under Sec.7E of the Act. When petitioner wanted to dispose of the property, she learned about pendency of the ceiling case. Petitioner wants an early disposal of the ceiling case. 3. It is contended by the learned Government Pleader that there is nothing on record to show that petitioner has made any claim before the TLB on any ground whatsoever. 4. If petitioner has not made any claim over the property involved in ceiling case No.550 of 1973 it is open to her to make appropriate application before the TLB if the law provides for that and request the TLB for an early decision in that matter. In that situation the TLB has to expedite the proceedings. But it is made clear that this Court is neither permitting petitioner to move any such application nor referring to the merit of any such claim if preferred which are all matters to be decided by the TLB. Resultantly, Original Petition is disposed of observing that if O.P(C) No.4241 of 2011 -: 3 :- petitioner has not made any claim over the property involved in ceiling case No.550 of 1973 it is open to her to move appropriate application before the TLB if law provides for that and if any such claim is made the TLB shall dispose of the same as early as possible. THOMAS P. JOSEPH, JUDGE. vsv