IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 OP.No. 16861 of 2000(G) ----------------------- PETITIONER(S): --------------- THE SECRETARY, ALWAYE SETTLEMENT, REG. C.NO.26 TCI, U.C.COLLEGE P.O. ALWAYE. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENT(S): --------------- 1. THE SECRETARY, DEPT. OF REVENUE, GOVT. OF KERALA, TRIVANDRUM. 2. THE DIST. COLLECTOR, ERNAKULAM. 3. THE TALUK LAND BOARD, REP. BY ITS CHAIRMAN [DY. COLLECTOR (LR)], ERNAKULAM, O/O.DIST COLLECTOR, ERNAKULAM. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, TRIVANDRUM. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON 29/01/2009 DELIVERED THE FOLLOWING: O.P.No. 16861/00. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPLICATION DTD.28.9.94. P2. COPY OF THE REPORT BY THE TAHSILDAR. P3. COPY OF THE JUDGMENT IN O.P.NO.15396/99 OF THIS COURT. P4. COPY OF THE GOVT. ORDER DTD.25.2.2000. P5. COPY OF THE NOTICE BY THE TALUK LAND BOARD. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 16861 of 2000 ================== Dated this the 29th day of January, 2009 J U D G M E N T The petitioner is a company incorporated under the Companies Act. They are seeking the following reliefs in this original petition: “i) Issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P5 order issued by the 3rd respondent on 9.5.2000. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider the petitioner's claim under Section 81(1)(3) of the Kerala Land Reforms Act in accordance with law.” 2. Ext.P5 is a notice directing the petitioner to appear before the Taluk Land Board on 20.5.2000 for hearing of the Ceiling Case against the petitioner under the Kerala Land Reforms Act. According to the petitioner, the petitioner is entitled to the benefit of Section 81(1) (3) of the Kerala Land Reforms Act and therefore, they are not liable to surrender any excess land by virtue of the ceiling provisions of the Act. 3. I am of opinion that those are contentions which the petitioner has to take up with the Taluk Land Board in the ceiling case at the time of hearing. Ext.P5 is only a notice issued by the Taluk Land Board directing the petitioner to appear for a hearing of the ceiling case. It is open to the petitioner to raise all their contentions before the Taluk Land Board in the hearing pursuant to Ext.P5. In the above circumstances, without prejudice to such right of the petitioner, this original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. =============== O.P.No. 16861 of 2000-G =============== J U D G M E N T 29th January, 2009