IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 OP(C).No. 361 of 2010(O) ------------------------ TLB(B).1/2009 of TALUK LAND BOARD, VADAKARA .................... PETITIONERS: ------------------------------ 1. UDAYAVARMA RAJA,AGED 59 YEARS, S/O.LATE SANAKARA VARMA RAJA,"KAILAS", P.O.PURAMERI,VADAKARA TALUK,PIN-673503. 2. THIRUVAZHIYOT SATHYAVATHY,AGED 51 YEARS, D/O.LATE A.K.CHERIYA RAMAVARMA RAJA, AZHAHAVATTOM DESOM,VALAYANAD AMSOM, P.O.MANKAVU,KOZHIKODE TALUK,PIN-673003. 30. A.K.SUDHA THAMPURATTI,AGED 44 YEARS, AYANCHERI KOVILAKOM,P.O.PURAMERI, VADAKARA TALUK,PIN-673 503. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SECRETARY,TALUK LAND BOARD, VATAKARA,PIN-673101. SENIOR GOVERNMENT PLEADER SHRI M.R.SABU THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.361 of 2010 -------------------------------------- Dated this the 26th day of October, 2010. JUDGMENT Petitioners, claiming to be members of Ayancherri Kovilakam to which the property in question allegedly belonged challenged Ext.P2, order No.TLB(B) 1/2009 dated 30.03.2010 of the Taluk Land Board, Vadakara (for short, “ the TLB”) allegedly taking possession of the area mentioned therein. Initially that order was challenged in this Court by one Vijayakrishna Varma Raja in C.R.P.No.198 of 2010 and that revision was dismissed vide order dated September 13, 2010. Grievance aired therein was that none of other members of the Kovilakam were given notice of the proceedings by the TLB. This Court disposed of C.R.P. No.198 of 2010 observing that so far as petitioner therein was concerned, he was given notice and he was heard before the impugned order was passed and hence he has no reason to complain. Thereafter petitioners claiming to be members of the said Kovilakam filed Ext.P4, petition before the TLB claiming that they are interested in the land ordered to be surrendered and that the proceedings are initiated and order was passed without notice to them. They therefore prayed that Ext.P2, order passed by the TLB determining extent of land to be surrendered without hearing them may be set aside. The prayer in this petition is to direct respondent No.2 to pass orders on Ext.P4, petition and in the meantime to keep the proceedings for recovery of possession of property in abeyance. OP(C) No.361/2010 2 2. I have heard learned counsel for petitioners and the learned Senior Government Pleader appearing for the respondents. Learned Senior Government Pleader submits that in the light of decision of the Supreme Court in Kalabharati Advertising v. Hemant Vimalnath Narichania (2010 (3) KLT 986) this Court may not issue direction to the TLB to keep in abeyance its proceedings until Ext.P4, application is disposed of. 3. It appears that there is dispute between the parties whether possession of the property has been taken or not. When C.R.P.No.198 of 2010 was being disposed of it was submitted by the learned Additional Advocate General appearing for respondents that possession of property was taken in April, 2010. This fact is disputed by the learned counsel for petitioners. I am not however going into that controversy in this proceeding. 4. Having heard learned counsel for petitioners and learned Senior Government Pleader appearing for respondents, the Taluk Land Board, Vadakara is directed to expedite disposal of Ext.P4, application if necessary by advancing hearing of that application to a convenient date with notice to all concerned. It will be open to the petitioners to file appropriate application before the Taluk Land Board, Vadakara to keep further proceedings in abeyance until OP(C) No.361/2010 3 disposal of Ext.P4, application. If any such application is preferred by petitioners the Taluk Land Board shall pass appropriate orders on such application as provided under law. Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks