IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 1124 of 2009(H) ------------------------- PETITIONER(S): --------------- G.HARI KUMAR, AGED 42 YEARS S/O.LATE K.R.GOVINDA PILLAI KODIYANTHARA HOUSE, NARAKATHANI, KEEZHUVAIPOOR, PATHANAMTHITTA. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.J.R.PREM NAVAZ SRI.T.RAMPRASAD UNNI RESPONDENT(S): --------------- 1. TALUK LAND BOARD, MALLAPPALLY. 2. TAHSILDAR, MALLAPPALLY. 3. DISTRICT COLLECTOR, PATHANAMTHITTA. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LAND REFORMS, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the certificate dated 9.2.1996 issued by the Tahsildar, Mallappally. Ext.P2. True copy of the judgment dated 15.7.2008 in OP.No.18078/08 Ext.P3. True copy of the Medical Certificate in respect of Mr. Govinda Pillai K.R. issued by Pushpagiri Medical College, Hospital, Thiruvalla. Ext.P4. True copy of the Notice dated 5.11.2008 issued to Smt Sarojini Amma by R2. Ext.P5. True copy of the proceedings of the Additional Tahsildar, Mallappally. Ext.P6. True copy of the Will dated 18.7.2000 executed by Sri. Govindapillai. // true copy // P.A to Judge. ANTONY DOMINIC,J. --------------------- W.P.(C).No.1124 OF 2009 ------------------------ Dated this the 5th day of October, 2009. JUDGMENT Prayer sought in this writ petition is a direction to the respondents to give an opportunity to the petitioner to save his properties, comprised in R.S.No.22/2 of Poramattam Village with House No.8/58-A by making arrangement to surrender equal extent of alternate land. 2. It is stated that in 1976, an order was passed under the provisions of the Kerala Land Reforms Act, requiring the petitioner's father, the declarant to surrender 13.78 acres of land. The said order was challenged before this court and pursuant to the orders passed by this court in CRP.No.1566/1976 the matter was reconsidered. Accordingly, in 1981 fresh orders were passed requiring the declarant to surrender 10.78.850 acres of land. That order was again contested and finally after a WP(c).No.1124/09 2 reconsideration, orders were passed requiring the declarant to surrender 4.05.850 acres of land. The matter was again contested before this court on two occasions and once before the Apex Court as well which were decided against the declarant. 3. The order attained finality and it is stated that three acres have already been surrendered and pursuant to Exts.P4 and P5 his mother was also evicted from House No.8/58-A of Poramattam Grama Panchayat situated in the remaining extent of property to be surrendered. According to the petitioner, unknown to even his mother and himself, his father had bequeathed his property in his favour as per Ext.P6 Will and what the petitioner now submits is that he will surrender the balance 1 acres of land and only requests that the plot of land where the ancestral house referred to above is situated may be excluded from surrender. It is submitted that if the offer is accepted, he will surrender an equal extent of land which is also adjoining the 3.05.850 acres of land which has already WP(c).No.1124/09 3 been surrendered. 4. Learned Government Pleader has been heard of this matter. Although, technically he raised objection to the proposal, having regard to the fact that the petitioner has offered to surrender equal extent of land and that too adjacent to the 3.05.850 acres of land which has already been surrendered, I see no reason why the petitioner should not be allowed to adopt the course particularly having regard to the sentimental attachment that he has expressed to the ancestral house referred to above. 5. Therefore, the writ petition is disposed of directing that, as against the plot of land where Building No.8/58-A in Poramattam Grama Panchayat is situated, of which the petitioner claims to be the legatee of his father, he will be permitted to surrender an equal extent of balance area required to be surrendered. It is directed that if anybody else have any claims over the area that is offered to be surrendered, it will be the petitioner's responsibility to ensure WP(c).No.1124/09 4 that all those claimants have relinquished their claim over the said property and only on execution of such document which are necessary, will the option as above is allowed to the petitioner. It is directed that once the property is surrendered in the manner as above, house No.8/58A from which the petitioner's mother was evicted pursuant to Exts.P4 and P5 will be handed over to the petitioner. Once the procedural formalities are completed by the petitioner, the entire process shall be completed by the respondents within 6 weeks thereafter. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.1124/09 5