IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 24142 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. SAINA BANU KAMALUDHEEN, D/O.KADEEJA BEEVI MIR HUSSAIN, NOOR MAHAL, VELIYANNUR, THRISSUR-21. 2. YASMIN BARKARTHALI, DO, DO. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENT(S): --------------- 1. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 2. THE CHAIRMAN (DEPUTY COLLECTOR), TALUK LAND BOARD, COLLECTORATE, AYYANTHOLE, THRISSUR. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.24142 of 2009 ---------------------------------------- Dated this the 24th day of August, 2009. JUDGMENT The petitioners are the successors in interest of one Moideen Shah Rawther. They are aggrieved by the initiation of a ceiling case bringing the properties left behind by Moideen Shah Rawther, under the Kerala Land Reforms Act, as evidenced by Ext.P1 draft statement issued by the Taluk Land Board, Thrissur. They contend that the properties so mentioned were not treated as in excess of the ceiling area; that after the death of Moideen Shah Rawther, the properties were partitioned on 19.6.1957, well before the commencement of the Kerala Land Reforms Act, 1964. At the instance of some of the family members, further alienations have taken place. Initiation of ceiling proceedings, at this juncture, in 2009 is misconceived. They W.P.(C).No.24142 of 2009 :: 2 :: have filed Ext.P3 objections in this regard before the Taluk Land Board, Thrissur. This writ petition has been filed challenging the initiation of the proceedings and also seeking a direction to the Taluk Land Board, Thrissur to consider Ext.P3. They have also challenged the order passed by the Taluk Land Board, Thrissur, Ext.P2 restraining any alienation of the properties which are mentioned in Ext.P2. 2. I heard learned counsel for the petitioners and the learned Government Pleader. 3. In my view, the objections raised by the petitioners in Ext.P3 should be considered in the first instance and it shall also be considered as an objection to the order of restraint passed in Ext.P2. An authorised representative of the petitioners W.P.(C).No.24142 of 2009 :: 3 :: shall, therefore, be heard and orders shall be passed on Ext.P3 by the 2nd respondent Taluk Land Board, Thrissur. Functioning as an independent statutory authority, within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge