IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 16247 of 2008(H) -------------------------- SM.124/1977 of TALUK LAND BOARD, CHITTUR .................... PETITIONER(S): ------------------------ SUNDARAN, S/O.RAMAKANDAN, AGED 65 YEARS, THIMMICHETTY KALAMB, PERUMATTY VILLAGE, CHITTUR TALUK. BY ADV. MR.P.R.VENKATESH RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. RAMAKRISHNAN, S/O.KASU, KALYANAPETTAYIL, THIMMICHETTY, KALAMB, PERUMATTY VILLAGE, CHITTUR, PALAKKAD. * 3. KASU, S/O.RAMAKANDAN, THIMMICHETTY KALAMB, PERUMATTY VILLAGE, CHITTUR, PALAKKAD.( DIED)- LR'S RECORDED: *2ND RESPONDENT IS RECORDED AS ONE OF THE LRS OF THE DECEASED R3 AS PER ORDER DTD.3/12/08 IN I.A.NO.15001/08. 4. PUSHKARAN, S/O.SUNDARAN, THIMICHETTY, PERUMATY VILLAGE, CHITTUR, PALAKKAD. 5. THATHAMMA, W/O.ARUMUGHA THARAKAN, THIMMICHETTY, KOLAMB, PERUMATTY VILLAGE,CHITTUR, PALAKKAD. 6. TAHSILDAR, CHITTUR, PALAKKAD. *ADDL.R7 IS IMPLEADED: R7. TALUK LAND BOARD, CHITTUR. (*ADDL.R7 IS IMPLEADED AS PER ORDER DTD.3/12/08 IN I.A.15002/2008 R1 & R6 BY GOVERNMENT PLEADER MR. P.K.RAVIKRISHNAN R2 BY ADV. MR.MAT.PAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16247/2008 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 11/07/2006 IN CRP NO.711/91 OF THIS HON'BLE COURT. P2: COPY OF THE APPLICATION DTD. 7/03/2008 SUBMITTED BY THE PETITIONER BEFORE THE TALUK LAND BOARD. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.16247 of 2008 - H --------------------------------- Dated this the 8th day of January, 2010 J U D G M E N T Petitioner is the declarant in S.M.No.124 of 1977 before the Taluk Land Board, Chittur. The Board after enquiry directed the petitioner to surrender 5.85½ acres of land as excess land to the Government. The ceiling proceedings initiated had given rise to several revisions before this Court and remission of the case for fresh consideration by the Taluk Land Board. The State had filed a revision as C.R.P.No.711 of 1991 against the order passed by the Land Board excluding some land which had been earlier fixed as excess land to be surrendered by the assessee. That revision was disposed by this Court vide order dated 11.7.2002 directing reconsideration of the right claimed over an “Eri” covered by the report of the authorised officer while confirming the rest of the order passed by the Taluk Land Board. Pursuant to the disposal of the revision, petitioner had filed Ext.P2 representation before the Taluk Land Board and that has not been considered is the main grievance canvassed in the writ petition. At the time of W.P.(C).No.16247 of 2008 - H 2 hearing, learned counsel for the petitioner submitted that it is understood that after remand the Taluk Land Board has completed the proceedings, but, no copy of the order has been served on the petitioner. Reserving his right to challenge that order, it is submitted, the present writ petition may be closed. Having regard to the submissions made the writ petition is closed without prejudice to the right of the petitioner to challenge the order, if any, passed by the Taluk Land Board, as provided by law. S.S.SATHEESACHANDRAN, JUDGE. bkn/-