IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 22887 of 2011(I) ------------------------------------- LB.658/1973 of TALUK LAND BOARD, PALAKKAD .................... PETITIONER(S): ------------------------ 1. GANESHAN, S/O. PAZHANIAPPA KONAR,AGED 49 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. 2. NATARAJAN, S/O. PAZHANIAPPA KONAR, AGED 46 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. 3. KOKILA, D/O. PAZHANIAPPA KONAR, AGED 55 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. 4. JAYALAKSHMI, D/O. PAZHANIAPPA KONAR,AGED 40 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. 5. POOMKUDI, D/O. PAZHANIAPPA KONAR, AGED 43 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. 6. PADMAVATHI, W/O. GANESHAN, AGED 47 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. 7. PANKAJAVALLY, W/O. NATARAJAN, AGED 43 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. tss W.P.(C) NO.22887/2011 8. SENTHILKUMAR, S/O. LATE P.MONI,AGED 30 YEARS, KONAR HOUSE,K.N.PUTHUR,KANJIKODE.P.O., PALAKKAD-678621. BY ADV. SRI.TOM K.THOMAS SRI.M.R.DHANIL RESPONDENT(S): ------------------------ 1. THE TALUK LAND BOARD, PALAKKAD-678001. 2. THE TAHSILDAR, PALAKKAD TALUK, PALAKKAD-678001. 3. THE VILLAGE OFFICER, PUTHUSSERRY CENTRAL VILLAGE, PALAKKAD. BY SR.GOVT. PLEADER SMT.SUSHEEL BHATT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22887/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED NO.2088 DTD. 18.8.1960 OF PALAKKAD SRO. P2:- COPY OF THE PARTITION DEED 1547/1983 OF PALAKKAD SRO, DTD. 20.3.1983. P3:- COPY OF THE PARTITION DEED 3056/1984 OF PALAKKAD SRO DTD. 21.6.1984. P4:- COPY OF THE PARTITION DEED NO.3324/1999 OF PALAKKAD SRO. DTD. 18.7.1999. P5:- COPY OF THE PROCEEDING SNO.LB 6589/1973 DTD. 30.11.2010 ISSUED BY THE IST RESPONDENT. P6:- COPY OF THE APPLICATION SUBMITTED BY the IST & 6TH PETITIONER UNDER SEC. 85(5) BEFORE THE IST RESPONDENT DTD. 17.8.2011. P7:- COPY OF THE APPLICATION SUBMITTED BY THE 2ND & 7TH PETITIONER UNDER SEC. 85(5) BEFORE THE IST RESPONDENT DTD. 17.8.11. P8:- COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER UNDER SEC. 85 (5- BEFORE THE IST RESPONDENT DTD. 17.8.2011. P9:- COPY OF THE APPLICATION SUBMTITED BY THE 4TH PETITIONER UNDER SEC. 85 (5) BEFORE THE IST RESPONDENT DTD. 17.8.2011. P10:- COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER UNDER SEC. 85 (5) BEFORE THE IST RESPONDENT DTD. 17.8.2011. P11:- COPY OF THE APPLICATION SUBMITTED BY THE 8TH PETITIONER UNDER SEC. 85 (5) BEFORE THE IST RESPONDENT DTD. 17.8.2011. P12:- POSTAL RECEIPTS DTD. 17.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J --------------------------------------- W.P(C) No. 22887 of 2011 ---------------------------------------- Dated this the 23rd day of August, 2011. JUDGMENT Petitioners submit that the petitioners father acquired 16 acres property as per Exhibit P1 sale deed. Subsequently the property was partitioned among the family members as per Exhibits P2 and P3 documents. While the petitioners are thus enjoying the said property, the 3rd respondent, Village Officer, came to the property of the petitioners and informed them that the 1st respondent, the Taluk Land Board has passed a final order as per proceedings No.LB 658/1973 dated 30.11.2010 pertaining to the ceiling case of the vendor in Ext.P1 document and that the 1st respondent has directed to surrender 12 acres of land in Sy. No.850/2. 2. Thereupon the petitioners filed Exhibits P6 to P11 applications under Section 85(8) of the Kerala Land Reforms Act and these applications are pending before the first respondent. In this writ petition the petitioners sought for a direction to the first respondent to deal with Exhibits P6 to P11 with notice to them as expeditiously as possible, without disturbing their possession over the land on the strength of Exhibit P5. W.P(C) No. 22887 of 2011 2 3. Facts and circumstances being as above this writ petition is disposed of with the following directions. 4. The first respondent shall consider and pass orders on Exhibits P6 to P11 with notice to the parties as expeditiously as possible, at any rate within three months on production of a copy of this judgment. It is directed in the meanwhile, petitioners possession of the land covered by Exhibits P1 to P4 shall not be disturbed on the strength of Exhibit P4. 5. Petitioners to produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. sd/- ANTONY DOMINIC JUDGE rkc //TRUE COPY// PA TO JUDGE