IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33500 of 2008(K) -------------------------- {CR.254/1973 of TALUK LAND BOARD, THIRURANGADI} .................... PETITIONER(S): ------------------------- TONY JACOB VETTICKATTU, VETTICKATTU GLASS HOUSE, OPP.PSMO COLLEGE, TIRURANGADI, MALAPPURAM. BY ADV. SRI.SIBY MATHEW SMT.LAKSHMI.V. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY, LAND BOARD, TRIVANDRUM. 3. THE TALUK LAND BOARD TIRURANGADI, COLLECTORATE, MALAPPURAM. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.33500 of 2008 ------------------------- Dated this the 17th day of November, 2008. JUDGMENT The writ petition is taken up for disposal, after hearing learned counsel for the petitioner and learned Government Pleader. 2. Petitioner submits that he is in possession of 4 acres of land purchased under Ext.P1 sale deed of the year 1996. The petitioner submits that after purchase, mutation has been effected and property tax has been paid. Recently, Ext.P2 notice is issued by the Taluk Land Board, Tirurangadi, requiring the petitioner to appear before him, pursuant to a proceedings allegedly initiated reopening the ceiling case against the vendor of the petitioner. It seems that the property purchased by the petitioner is also included in the case. Since the petitioner's vendor expired, notice has been sent to his legal heirs. Petitioner has appeared and has also filed Ext.P3 W.P.(C).NO.33500/08 :: 2 :: application, claiming the benefit of Section 7 E of the Act. Comprehending reluctance on the part of the Taluk Land Board to adjudicate the proceedings under Section 7 E of the Act, on the basis of the communication issued by the Principal Secretary to the Land Board directing the Taluk Land Board to keep in abeyance the implementation of Section 7 E of the Amended Act, the petitioner has approached this court seeking a direction to the Taluk Land Board, to consider Ext.P3 application. 3. If the ceiling case against the declarant, who is the petitioner's vendor is pending, then obviously the petitioner's claim under Section 7 E of the Act can be considered, in the course of the proceedings, which have been taken against the vendor, and are now pending disposal with the Legal heirs of the original declarant on the party array. In the result, the writ petition is disposed of directing the 3rd respondent to W.P.(C).NO.33500/08 :: 3 :: consider Ext.P3 and adjudicate the same, in the course of finalisation of the ceiling proceedings reopened as evidenced by Ext.P2. Status quo as regards the property scheduled to Ext.P3 shall be maintained till final orders are passed in the ceiling case. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge