IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 3419 of 2008(F) ------------------------- PETITIONER(S): --------------- PARAKOTTIL KRISHNAN MEMORIAL EDUCATIONAL AND CHARITABLE TRUST, KOTTAPPURAM, PALAKKAD DISTRICT. REPRESENTED BY ITS MANAGING TRUSTEE, P.KUMARAN, AGED 72 YEARS, S/O LATE KRISHNAN. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE SUB REGISTRAR, O/O THE SUB REGISTRAR, MANNARKKAD P.O., PALAKKAD. GOVERNMENT PLEADER SRI. M.A. ASIF FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. Photocopy of the order dated 3.2.1976 in O.A.No.150/1975 passed by the Land Tribunal, Sreekrishnapuram. Ext.P2. Photocopy f the order dated 3.2.1976 in O.A.No.149/1975 passed by the “ Ext.P3. Photocopy of the certificate of purchase issued by the Land Trbunal, Ottapalam Ext.P4. Photocopy of the certificate of purchase issued by the Land Trbunal, Ottapalam Ext.P5. Photocopy f the sale dated dated 20.1.1983 Ext.P6. Photocopy f the sale dated dated 20.1.1983 Ext.P7..Photocpy of the order NO.L.R.A4-30137/87 dated 22.8.2006. Ext.P8. Photocopy of the lawyer's notice dated 11.5.2007 sent to the Ist and 2nd respondents. Ext.P9. Photocopy of the representation dated 28.9.2007 sent to the 2nd respondent with copies to respondents 1 and 3. Ext.P10. Photocopy of the judgment dated 22.10.2007 in WP(c).No.30268/07 of this Hon'ble Court. Ext.P11. Photocopy of the order NO.L.B.E6.7634/06 dated 14.12.2007 Photocopy f the sale dated dated 20.1.1983 passed by the Ist respondent. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.3419 OF 2008 ------------------------ Dated this the 2nd day of March, 2009. JUDGMENT Petitioner submits that they acquired the properties covered by Exts.P5 and P6 sale deeds. However, when the petitioner wanted to alienate the properties covered by these documents, second respondent issued Ext.P7 order prohibiting registration invoking his powers under Section 120 A of the Land Reforms Act. Thereupon the petitioner moved the first respondent by filing Ext.P9 and approached this court praying for a direction to the first respondent to consider and pass orders on his representation. The writ petition filed as WP(c).No.30268/07 was disposed of by Ext.P10 judgment directing that orders be passed on Ext.P9. Accordingly Ext.P9 was considered and by Ext.P11 order the first respondent rejected Ext.P9. It is challenging Ext.P11 that the writ petition has been filed. WP(c).No.3419/08 2 Reasons stated in the impugned proceedings to justify Ext.P7 is the order passed by the Taluk Land Board, Mannarghat in the ceiling case NO.576/07. Coming to know of this, petitioner now submits that, they have filed an application dated 18th October, 2008 produced along with the reply affidavit seeking to have the order of the Taluk Land Broad set aside. Counsel for the petitioner now confines his relief for a direction to the Taluk Land Board, Mannarghat to consider and pass orders on the application referred to above. In the facts of the case I see no reason to decline the prayer made. In view of this I dispose of this writ petition directing the Taluk Land Board, Mannarghat to consider and pass orders on the application dated 18th October,2008 filed by the petitioner seeking to set aside the orders in Celing Case No.576/07, as expeditiously as possible and at any rate within 8 weeks from the date production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.3419/08 3