IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 4628 of 2010(C) ------------------------- PETITIONER(S): --------------- 1. LILLYKUTTY DAVIS, W/O.DAVIS, NJAVALLIVILANGU PARAYIL, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM. 2. JOSHY CHERIAN, S/O.CHERIAN KUNJU, NJAVALLIVILANGU PARAYIL, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM. 3. SEBY CHERIAN, S/O.CHERIAN KUNJU, NJAVALLIVILANGU PARAYIL, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, TRICHUR. 2. THE ADDL. TAHSILDAR, THALAPPALLY TALUK, VADAKKANCHERRY, TRICHUR. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.4628 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The main prayer in the writ petition is the following:- a) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to complete the proceedings pursuant to Exts.P1 to P4 and to issue necessary certificate in terms of the provisions in the Kanam Tenancy Abolition Act and the Rules without any further delay. 2. The petitioners are kanam tenants in respect of 7.72 acres of land in various survey numbers in Kaniyarkode Village, Thalappally Taluk. By Exts.P1 to P4 evidences applications for assignment of Jenm right over the said properties and cessation of the kanam tenancy. 3. The petitioners have approached this Court in the light of the fact that they have already executed agreement for sale to the property and the period to execute the sale deeds are already over and thrice to the period was W.P.(C)No.4628 of 2010 2 extended. It is in these circumstances, this writ petition has been filed. 4. The learned Government Pleader on instructions submitted that Additional Tahsildar, Thalappally Taluk submitted that the office of the Special Tahsildar, Thrissur was abolished in the year 2001 and about 14000 applications received upto 18.3.2003 are pending. Presently applications of the year 2000 are under process and the petitioner’s applications are of the year 2009. It is further pointed out that the application of the petitioner will be considered according to the priority of the receipt of the same. 5. The learned counsel for the petitioner submitted in the light of the fact that they have already entered into agreement for sale to discharge certain liabilities unless the proceedings are completed at an early date that may result in adverse civil consequences to them. W.P.(C)No.4628 of 2010 3 6. Therefore, there will be a direction to the second respondent to consider Exts.P1 to P4 and take an appropriate action to assign Jenm rights as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj