IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4940 of 2011(N) -------------------------------------- PETITIONER(S): ------------------------- HAMSA, S/O.MAMMOOTTY, KOTTANKODAN HOUSE, KANDAMANGALAM PO,MANNARKAD, PALAKKAD DISTRICT. BY ADVS. SRI.LEGY ABRAHAM, SMT.V.V.RISANI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TALUK LAND BOARD,REPRESENTED BY ITS CHAIRMAN, DEPUTY COLLECTOR,MANNARKAD, PALAKKAD DISTRICT. 3. THE DISTRICT COLLECTOR, PALAKKAD CIVIL STATION, PALAKKAD. 4. THE TAHSILDAR,MANNARKAD TALUK, MANNARKAD, PALAKKAD DISTRICT. 5. THE VILLAGE OFFICER,PAYYANADAM VILLAGE, PAYYANADOM, MANNARKAD. 6. SRI.NECHULLI CHERIYA MOHAMMED HAJI, PAYYANADAM, KUMARAMPUTHUR PO, MANNARKAD, PALAKKAD DISTRICT. R1 TO R5 BY SR. GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.4940 OF 2011 -------------------------------- Dated this the 17th day of February 2011 JUDGMENT The prayers in the Writ Petition are as follows:- i) Issue a writ of prohibition, order or direction prohibiting respondents 2 to 5 from dispossessing the petitioner from his land in Sy. Nos.135/1A1, 1B, 135/2, 5 and 19/2pt. Of Payyanadam Village in Mannarkad Taluk as per the order, Ext.P6 of the Manarkad Taluk Land Board in CC.261/73 dated 20-01-1984. ii) Issue a writ of mandamus, order or direction directing the 5th respondent to receive the Basic Tax and to issue possession certificate to the petitioner in respect of the land which is obtained by him by virtue registered sale deed No.8559/2004 of Manarkad Sub-Registry. iii) Issue a writ of mandamus, order or direction directing the respondents to exempt the land which is in possession and enjoyment of the petitioner from excess land of the 6th respondent. iv) Issue a writ of mandamus, order or direction directing the respondents to resume the land agreed to be voluntarily surrendered to Government by 6th respondent in the ceiling case CC.261/1973. v) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case and allow costs. W.P.(C) No.4940/2011 - 2 - 2. The learned Govt. Pleader appearing on behalf of the respondents submits that the proper remedy of the petitioner lies before the second respondent by filing a Review Petition. It is also brought to the notice of this Court that similar matters have already been considered by this Court giving appropriate directions to the second respondent to consider the Review Petition and pass appropriate orders in the light of the changed circumstances and the benefits provided by virtue of Section 7E of the Kerala Land Reforms Act, as amended in 2005. 3. In the above circumstances, the Writ Petition is disposed of with liberty to the petitioner to move the second respondent by filing review petition within 'two weeks'; on which event the same shall be dealt with and appropriate orders shall be passed by the second respondent in accordance with law after hearing the petitioner, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. The coercive proceedings if any, taken against the petitioner on the basis of the impugned proceedings shall be kept in abeyance till such time. P.R.RAMACHANDRA MENON JUDGE vdv