IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 25038 of 2004(E) -------------------------- PETITIONER: ------------ LEELA NETHYAR, ARUNODAYAM, CHITTOOR ROAD, PALAKKAD-678 013. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- 1. THE TALUK LAND BOARD, OTTAPALAM. 2. THE TAHASILDAR, TALUK OFFICE, OTTAPPALAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 25038/2004. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF JUDGMENT IN C.R.P.NO. 1627/1982. EXT.P2 NOTICE DT. 14-10-1988. EXT.P3 NOTICE DT. 29-4-1988. EXT.P4 STATEMENT DT. 27-5-1998. EXT.P5 NOTICE DT. 23-7-2004. EXT.P6 PETITION DT. 4-8-2004. EXT.P7 LETTER DT. 7-8-2004. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25038 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th July, 2008. J U D G M E N T The petitioner is the owner of certain lands, which were originally directed to be surrendered as excess land under the Kerala Land Reforms Act to the extent of 7.70 acres out of 15 acres. This Court, in revision, set aside that order and directed return of the said land to the petitioner. It was also directed that a joint statement shall be filed regarding 7.70 acres to be taken from the common property to be returned to the petitioner. Special Leave Petition filed against the order in revision was also dismissed. Although the petitioner filed a statement before the Land Board, the petitioner alleges that without issuing any notice to the petitioner, the Land board has issued an order directing the petitioner to surrender 12.93.2.14 acres. The petitioner has applied for a certified copy of the order of the Land Board, but, in the meanwhile, the Tahsildar is proceeding with the steps to take over the properties. In the above circumstances, the petitioner seeks the following reliefs: “(i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent to keep in abeyance all further proceedings in C.C.No. 238/73, 605/73 and 626/73 until the petitioner is served with a certified copy of the order dated 31-7-2001 issued by the Taluk Land Board in the above said ceiling cases; (ii) issue a writ in the nature of mandamus or any appropriate writ, order or direction directing the 1st respondent to issue a certified copy of the order dated 31-7-2001 in C.C.Nos. 238/73, 605/73 and 626/73 as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court.” 2. The learned Government Pleader could not satisfy me that the proceedings issued by the Land Board was after notice and hearing to the petitioner. Therefore, clearly, the proceedings are violative of the principles of natural justice. Accordingly, the order dated 31-7-2001 of the Taluk Land Board, Ottapalam and the W.P.C. No. 25038/2004 -: 2 :- proceedings in C.C.Nos. 238/73, 605/73 and 626/73 are hereby quashed. The 1st respondent is directed to pass fresh orders after issuing notice to the petitioner and affording to the petitioner an opportunity of being heard. This shall be done within a period of three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/