IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10727 of 2010(M) ------------------------------------------ PETITIONER(S): ------------------------ PAZHANIMALA, SON OF VELAYUDHAN, POOLAKALPARAMBIL HOUSE, P.O.CHEMBUKAD, KUTHANUR I VILLAGE, ALATHUR TALUK. BY ADV. MR.P.R.VENKETESH RESPONDENT(S): ------------------------- 1. THE TALUK LAND BOARD, ALATHUR, PALAKKAD, REP. BY ITS CHAIRMAN. 2. THANKAPPAN, KUNNIKAL KALAM, CHIMBUKKAD, KUTHANUR, PALAKKAD. R1 BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.10727 of 2010 --------------------------------------------- Dated this the 29th day of March, 2010 JUDGMENT The petitioner had purchased an extent of 80 cents of land at Kuthannur amsom, Alathur Taluk in Re.survey No.614/2 from the second respondent, as per the assignment deed dated 19/9/1986 numbered as 1505/1986. There was a ceiling case against the second respondent as SM 1 of 1985 initiated by the Taluk Land Board, Alathur and petitioner was not aware of the same. He was directed to surrender land in excess of the ceiling area of 12 acres by way of an extent of 7.38 acres as excess land. The petitioner's property is item 8 in the order passed by the Taluk Land Board as Ext.P2. The challenge against the said order as C.R.P.1190 of 1995 by the declarant was disposed of by Ext.P3 judgment. The matter was remanded to the Taluk Land Board for reconsideration. It is submitted that the matter is still pending after the said order. Thereafter the petitioner submitted an application under Section 85(8) of the Kerala Land Reforms Act as per Ext.P4. It is submitted that the Deputy Tahsildar has already forwarded a report in the matter to the Taluk Land Board. WPC.No.10727 of 2010 : 2 : 2. The petitioner seeks for a direction to take a decision on Ext.P4 after hearing the petitioner and not to dispossess the petitioner in the meanwhile. It is also mentioned that he has also raised a claim under Section 7 E of the Act. 3. Therefore there will be a direction to the Taluk Land Board to take a decision on Ext.P4 after hearing the petitioner within a period of five months from the date of receipt of a copy of this judgment. Till orders are passed the petitioner will not be dispossessed. The writ petition is accordingly disposed of. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) skj