IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WA.No. 271 of 2010() AGAINST THE JUDGEMENT IN WPC.31168/2009 Dated 03/11/2009 APPELLANTS: RESPONDENTS 6,7 AND 9 1. ALAVI, S/O.AHAMMED, THADAPARAMBIL, KUMARANELLOOR AMSOM & DESOM, KOZHIKODE. 2. KANNANKUTTI, S/O.KANNAKUTTI, THADAPARAMBIL, KUMARANELLOOR AMSOM & DESOM, KOZHIKODE. 3. PUZHIYORAMMAL KALYANI, D/O.PUZHIYORAMMAL BICHARAN, PUZHIYORAMMAL HOUSE, THADAPARAMBIL, KUMARANELLOOR AMSOM & DESOM, KOZHIKODE. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENTS: RESPONDENTS 1 TO 5,10TH RESPONDENT AND PETITIONER 1. VILLAGE OFFICER, KUMARANELLUR, KOZHIKODE. 2. DEPUTY COLLECTOR, VIGILANCE CELL, NORTH ZONE, KOZHIKODE. 3. ADDITIONAL THAHASILDAR, KOZHIKODE. 4. DEVASYA, NIRAPPATH HOUSE, MARIAPURAM, THIRUVAMBADY AMSOM & DESOM, KOZHIKODE TALUK. 5. JANCY, W/O.DEVASYA, THIRAPPATH HOUSE, NIRUVAMBADY P.O., MARIAPURAM, KOZHIKODE. 6. THADAPARAMBIL VELAYUDHAN, KUMARANELLUR AMSOM DESOM, KOZHIKODE THALUK. 7. V.M.MICHAEL, VEETIYANGAL HOUSE, ALLI P.O., THEKKUMKUTTY, KOZHIKODE. GOVT. PLEADER SRI. BEJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = W.A. 271 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 23RD DAY OF FEBRUARY, 2010. J U D G M E N T Raman, Ag. CJ. This is an appeal against the judgment rendered by the learned Single Judge in W.P.(C) 31168/2009, on 3.11.2009. Respondents 6,7 and 9 are the assignees of surplus land taken over by the Government from the petitioner in the writ petition. The assignment is subject to the condition that the assignee shall not transfer the land for a period of twenty years as per Rule 29 of the Kerala Land Reforms (Ceiling) Rules. Complaining that the appellants herein have transfered the land within a period of twenty years, an application was moved before the District Collector. Writ Petitioner approached this Court for a direction to consider the complaint and dispose of the same in accordance with law. Learned Single Judge allowed the prayer without entering a finding on merits. 2. Whether or not any transfers are made and if so, whether it is within twenty years are all matters on which no finding is entered by this Court and left open to be decided by the District Collector. However, WA 271/2010 2 complaint Ext.P6 is pending. As such we do not find that there can be any legal grievance for the appellants herein to be raised against the judgment. According to the appellants, the very transfer was made based on a Power of Attorney fraudulently obtained against which a suit is pending. It is open to the appellants to raise this contention before the District Collector where Ext.P6 is pending. In such circumstances, without going into the merits of the contentions raised, we dispose of this appeal, subject to the right of the appellants to raise such contentions before the District Collector. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-