IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 19082 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. P.P.SABU S/O.PHILIP, AGED 51 YEARS, PUTHENPURAKKAL, K.A.P ROAD, NILAMBUR PO, PIN 679 329, MALAPPURAM DISTRICT. 2. ANNAMMA N.K WIDOW OF PHILIP P.C.AGED 78 YEARS, PUTHENPURAKKAL,K.A.P ROAD, NILAMBUR PO, PIN 679 329, MALAPPURAM DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM 3. THE TAHSILDAR, NILAMBUR TALUK NILAMBUR, MALAPPURAM DISTRICT. 4. THE VILLAGE OFFICER, WANDUR VILLAGE WANDUR PO, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SHRI M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.19082/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ORDER DATED 6.6.97 IN CRP NO.1108/93 OF THIS COURT. EXT.P2: TRUE COPY OF ORDER DATED 7.6.07 OF THE TALUK LAND BOARD, NILAMBUR. EXT.P3: TRUE COPY OF THE WILL DATED 28.4.07. EXT.P4: TRUE COPY OF PETITION DATED 30.3.09 SUBMITTED BEFORE THE SECOND RESPONDENT ON 31.3.09. EXT.P5: TRUE COPY OF RECEIPT DATED 31.3.09 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT. EXT.P6: TRUE COPY OF LETTER DATED 30.11.09 OF THE 3RD RESPONDENT. EXT.P7: TRUE COY OF LETTER DATED 30.11.09 OF THE 4TH RESPONDENT. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.19082 OF 2009 ----------------------------------------------------- DATED THIS THE 19th DAY OF MARCH, 2010 J U D G M E N T The petitioners herein are respectively the son and widow of late Shri P.C.Philip. The main prayer in the Writ Petition is for a direction to reconvey 9.17½ acres of land which is directed to be reconveyed by the Taluk Land Board pursuant to the judgment of this Court in C.R.P.No.1108/1993. The declarant died on 8.12.2008 bequeathing the properties to the 1st petitioner as per Exhibit P3 registered 'Will'. 2. After the notice was ordered in the Writ Petition, the 2nd respondent has filed a counter stating that the matter is still pending before the State Land Board under Section 87 of the KLR Act and therefore the transfer of the land is delayed under Section 120(A) of the KLR Act. 3. The petitioners have produced along with I.A.No.3887/10, Exhibits P6 and P7 communications issued by the Tahsildar, Nilambur, the 3rd respondent. Exhibit P6 shows that the Tahsildar has directed the Village Officer to take appropriate steps for reconveyance. The same is dated 30.11.2009. Exhibit P7 is a communication issued by the Village Officer to the petitioners pursuant to Exhibit P6, wherein the petitioners have been directed to produce the consent letter from W.P.(C)No.19082/09 -2- the legal heirs, attested copies of the legal heirship certificate, death certificate, etc. 4. The learned counsel for the petitioners submitted that the deceased as per Exhibit P3 'Will' bequeathed the properties to the first petitioner and therefore the consent letter of the other legal heirs is not necessary. The petitioners will therefore produce the authentic copy of the Will before the Village Officer along with a reply to Exhibit P7 and the other documents required, based on which further action will be taken by the 3rd and 4th respondents in accordance with law to reconvey the property. The action shall be finalised within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn