IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 37011 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. MOHANAN, S/O.LATE GOVINDAN, KAIMAPARAMBIL HOUSE AZHEEKODE VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT. 2. AMBIKA W/O.LATE GOVINDAN, KAIMAPARAMBIL HOUSE AZHEEKODE VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT. 3. RAJU S/O.VASU, KAIMAPARAMBIL HOUSE AZHEEKODE VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR COLLECTORATE, CIVIL STATION, THRISSUR. 2. THE TALUK LAND BOARD, REP BY ITS CHAIRMAN/REVENUE DIVISIONAL OFFICER COLLECTORATE,THRISSUR. 3. THE TAHSILDAR, KODUNGALLUR TALUK KODUNGALLUR. 4. THE VILLAGE OFFICER AZHIKODE, KODUNGALLUR. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.37011 of 2009 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioners are the legal heirs of Kudikidappukars who had purchased kudikidappu right in the property in Sy.No.670/1 of Azheekode Village, Kodungallur Taluk as per the orders in O.A.No.3748 of 1970, 3746/70 and 3752/70 of the Land Tribunal, Kodungallur. 2. The owner of the petitioners' predecessors had excess land which was ordered to be surrendered by the Land Board. Accordingly, they have surrendered their excess land and the petitioners claim is that the kudikidappukars will have priority for getting assignment as provided under Section 96(i) of the Kerala Land Reforms Act, 1963 and Rules 27 to 30 of the Kerala Land Reforms (Ceiling) Rules, 1970. The excess lands surrendered are around the kudikidappu of the petitioners’ predecessors. It is pointed out some of the kudikidappukars have already been assigned portion of excess land already distributed. Ext.P1 to P1(b) are true copies of the applications submitted by the petitioners’ predecessors in regard to the claim for assignment. Those applications are still pending without any W.P.(C)No.37011 of 2009 2 further action, according to them. Ext.P2 is the copy of the application submitted in Malayalam by one of the predecessors. 3. The grievance raised herein, is that overlooking their claims, the property is now proposed to be assigned to others, and aggrieved by the action they have filed Ext.P3 representation to the first respondent. 4. The main prayer in the writ petition is the following:- “To issue a writ of mandamus to the respondents commanding them to take up for consideration of Exts.P1, P1(a), P1(b) and Ext.P3 in the matter of assignment of the excess land in Ceiling Case No.101 of 1973 of the Taluk Land Board, Kodungallur and assign the available extent of land to the petitioners first according to the priority basis as per Section 96 of the KLR Act and Rules 27 to 30 of the KLR (Ceiling) Rules, 1970, forthwith before considering subsequent applications in the matter.” 5. The learned counsel for the petitioners submitted that in the light of Section 96 and the Explanation the applications W.P.(C)No.37011 of 2009 3 Exts.P1 to P1(b) will have to be considered on a priority basis, as the petitioners are the legal heirs of Kudikidappukars. It is up to third and fourth respondents to consider the matter in accordance with the relevant provisions of Kerala Land Reforms Act and Kerala Land (Ceiling)Rules. 6. There will be a direction to the respondent to dispose of Exts.P1 to P1 (b) and P3 along with applications if any submitted by any other persons. Appropriate decision will be taken in accordance with the relevant provisions of the Kerala Land Reforms Act and Kerala Land (Ceiling) Rules within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj