IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 9437 of 2006(W) ------------------------------------ PETITIONER: ------------------- THAYYIL BAVA GURUKKAL, AGED 66 YEARS, S/O. KUTTOOSSA GURUKKAL, THEKKEN KUTTOOR AMSOM KOVANCHERRY DESOM, TIRUR TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ----------------------- 1. THE TALUK LAND BOARD, (R.D.O), TIRUR. 2. THE VILLAGE OFFICER, THALAKKAD, TIRUR. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9437 of 2006(W) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE DOCUMENT NO. 2232/1994 OF THE SRO KALPAKANCHERRY. EXT.P2 - TRUE COPY OF THE PETITION FILED UNDER SECTION 85(8) OF THE KERALA LAND REFORMS ACT. EXT.P3 - TRUE COPY OF THE REPORT OF THE TAHSILDAR, TIRUR. EXT.P4 - TRUE COPY OF THE PETITION FILED UNDER SECTION 85(8). EXT.P5 - TRUE COPY OF THE NOTICE ISSUED TO THE WIFE OF THE PETITIONER. EXT.P6 - TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT. EXT.P7 - TRUE COPY OF THE ORDER DATED 20.2.2006 IN C.R. NO. 43/73/B. /TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.9437 of 2006 ---------------------------------------------- Dated 5th September, 2008. J U D G M E N T The challenge is on Ext.P7 order passed by the Taluk Land Board, dismissing a petition filed by the petitioner under Section 85(8) of the Kerala Land Reforms Act. It is not in dispute that the impugned order was passed without the petitioner getting a sufficient opportunity for hearing. Having regard to the serious consequences on the petitioner, it is only appropriate that the Taluk Land Board considers the matter afresh after affording an opportunity for hearing to the petitioner. Accordingly, I quash Ext.P7 with a direction to the Taluk Land Board to consider the matter afresh after affording an opportunity for hearing to all affected parties, and pass appropriate orders, within four months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.9437 of 2006 ---------------------------------------------- J U D G M E N T Dated 5th September, 2008.