IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 OP.No. 28061 of 1999(N) ----------------------------------- PETITIONER(S): ----------------------- K.T. MANIKANDAN, S/O.GOPALAN NAIR, CHANNAMBATTA, KUTTIKKODE, TRIKKEDERI, OTTAPALAM, PALAKKAD. BY ADV. SRI.A.P.CHANDRASEKHARAN, SMT.PRABHA R.MENON, SRI.KODOTH PUSHPARAJAN, SRI.M.KRISHNA KUMAR, SRI.JAYESH MOHAN KUMAR. RESPONDENT(S): -------------------------- 1. THE TALUK LAND BOARD, OTTAPALAM, REPRESENTED BY ITS CHAIRMAN. 2. THE CHAIRMAN, TALUK LAND BOARD, OTTAPALAM. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE TAHSILDAR, OTTAPALAM. 5. THE VILLAGE OFFICER, TRIKKEDERI-I VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. R1 TO R5 BY GOVT. PLEADER MR.V. MANU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 28061/1999-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE BEARING NO.S.M.64/81 DATED 17/04/1999 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE OBJECTIONS DATED 27/04/1999 SUBMITTED BY THE PETITIONER'S FATHER C.GOPALAN NAIR BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE NOTICE BEARING NO.C.294/99 ISSUED BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 28061 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of July, 2010. J U D G M E N T Petitioner's father Sri. Gopalan Nair was a declarant in S.M. Proceedings No. 64/81 under the ceiling provisions of the Kerala Land Reforms Act on the files of the 1st respondent-Taluk Land Board. Initially, in those proceedings , Sri. Gopalan Nair was directed to surrender an extent of 5.71.500 acres, as excess land. Pursuant to a remand order in C.R.P. No. 305/1991 of this Court , the Taluk Land Board re-considered the matter and directed surrender of 5.69.500 acres in Sy. No. 141/8 of Trikkaderi-I Village. In compliance with that order, an extent of 4.46 acres of land has already been surrendered by the family of the petitioner. In the meanwhile, the said Sri. Gopalan Nair and his wife filed O.A.No. 137/1983 on the files of the Munsiff's Court, Ottappalam for recovery of possession of 80 cents of land in Sy. No. 141/8 of Trikkederi-I Village on the strength of title. Although that suit was dismissed by the Trial Court, in A.S. No. 20/1987 filed by the plaintiffs, the suit was decreed for recovery of possession of the property. The defendant filed S.A.No. 582/1993. At the time of filing this original petition, that second appeal was pending. There was a stay also in that second appeal. The 1st respondent-Taluk Land Board issued Ext. P1 notice dated 17-4-1999 directing the said Sri. Gopalan Nair to give alternate land in lieu of the said 80 cents involved in the said case. At that time, the said Gopalan Nair took the contention that since the matter is pending in second appeal and there is stay, he cannot be directed to surrender alternate land. 2. While so, the said Gopalan Nair died. Subsequently, by Ext. P3 notice, the petitioner, as legal heir of Gopalan Nair, was directed to be present before the Village Office, Trikkederi-I on 30- 10-1999 for taking possession of the 80 cents of land in sy. no. 141/8. W.P.C. No. 28061/1999. -: 2 :- It is under the above circumstances, the petitioner has filed this original petition seeking the following reliefs: “a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext. P3 as also Ext. P1; b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to forbear from enforcing or taking any further steps pursuant to and in terms of Exts.P1 and P3; c) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 and 2 to consider and pass orders on Ext. P2 after affording an opportunity to substantiate the contentions.” 3. The only contention of the petitioner is that until the second appeal is finally disposed of, the petitioner cannot be directed to surrender the 80 cents of land involved in the said case. But, I find that S.A.No. 582/1993 was dismissed for default on 20-11-2006 and the appellant therein has not taken any steps to restore the said appeal to file. That being so, the petitioner cannot now rely on the pendency of the second appeal for non-compliance with the direction in Ext. P3 notice. However, I feel that the petitioner should be given some breathing time to surrender the said land. Accordingly, the petitioner shall be given three months' time from today to surrender the said land. However, if the petitioner does not surrender the land within 3 months as directed above, it would be open to the respondents to take coercive possession of the land by appropriate legal means. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/